Legal Opinion

Wilkeson v. State Farm Mutual Automobile Insurance

New Mexico Court of Appeals

Decided June 25, 2014No. 34,732; Docket No. 32,779PublishedCited by 1 opinion

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} We address in this appeal the viability of an anti-stacking provision in a California automobile insurance policy when the accident giving rise to an uninsured motorist claim occurred in New Mexico. The provision is valid and enforceable under California law. In Shope v. State Farm Insurance Co., 1996-NMSC-052, 122 N.M. 398, 925 P.2d 515, our Supreme Court held that an anti-stacking provision valid in another state was a question of contract interpretation governed by the law of the other state and not a matter of fundamental interests so as to require application…

2Cases cited12 opinions

  1. Estep v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1985
  2. Montano v. Allstate Indemnity Co.New Mexico Supreme Court · 2004
  3. Sandoval v. ValdezNew Mexico Court of Appeals · 1978
  4. Lopez Ex Rel. Estate of Lopez v. Foundation Reserve InsuranceNew Mexico Supreme Court · 1982
  5. Jimenez v. Foundation Reserve InsuranceNew Mexico Supreme Court · 1988

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3Cited by1 opinion

  1. Wilkeson v. State Farm Mut. Auto. Ins. Co.New Mexico Court of Appeals · 2014

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