Richards v. Mountain States Mutual Casualty Co.

OPINION

FEDERICI, Justice.

Plaintiff James H. Richards (plaintiff) brought a breach of contract action in the District Court of Bernalillo County against defendant Mountain States Mutual Casualty Company (defendant) to recover damages under an uninsured motorist policy. The district court found that the policy coverage provision clearly does not provide coverage for property damage to plaintiff’s house but that the provision conflicts with the New Mexico uninsured motorist statute and is therefore void. The district court denied defendant’s motion to dismiss and permitted the issue to be taken…