Legal Opinion

Arias v. Phoenix Indemnity Insurance

New Mexico Court of Appeals

Decided July 9, 2009No. 28,282PublishedCited by 15 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} This case presents yet another opportunity to address what constitutes a valid rejection of uninsured/underinsured motorist (UM/UIM) coverage under our Uninsured Motorist Act (UMA), NMSA 1978, §§ 66-5-301 to -303 (1978, as amended through 2003). The insured (Plaintiff) signed a rejection of such coverage as part of her initial application for insurance, and a copy of the application was given to her at that time. However, since the application and rejection were not physically attached to the insurance policy that Plaintiff eventually received from the insurer, we…

2Cases cited18 opinions

  1. Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
  2. Chavez v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1975
  3. Romero v. Dairyland InsuranceNew Mexico Supreme Court · 1990
  4. Stinbrink v. Farmers Ins. Co. of ArizonaNew Mexico Supreme Court · 1990
  5. Garcia-Montoya v. State Treasurer's OfficeNew Mexico Supreme Court · 2001

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3Cited by15 opinions

  1. Romero v. Progressive Northwestern InsuranceNew Mexico Court of Appeals · 2009
  2. Ullman v. Safeway Ins. Co.New Mexico Court of Appeals · 2017
  3. Gulbransen v. Progressive Halcyon InsuranceNew Mexico Court of Appeals · 2010
  4. Sanchez v. Essentia Ins. Co.New Mexico Court of Appeals · 2019
  5. Arias v. Phoenix Indem. Ins. Co.New Mexico Court of Appeals · 2013

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