Legal Opinion
State Farm Mutual Automobile Insurance v. Jones
New Mexico Court of Appeals
Decided March 8, 2006No. 25,507PublishedCited by 6 opinions
1Opinion of the Court
OPINION
BUSTAMANTE, Chief Judge.
{1} This case presents an opportunity to clarify how an insurer may claim an offset against its underinsured motorist coverage when a third party pays a portion of a victim’s damages. We conclude that in such a case, any statutory offset will be determined by the insurer’s status as either the primary or a secondary insurer. We also conclude that any contractual offset in the circumstances presented here would violate public policy.
BACKGROUND
{2} Mary Beth Jones was injured when the car in which she was a passenger, driven by Kathy Williams, was struck by a car…
2Cases cited13 opinions
- Ponder v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 2000
- Schmick v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1985
- Jimenez v. Foundation Reserve InsuranceNew Mexico Supreme Court · 1988
- Morro v. Farmers Insurance GroupNew Mexico Supreme Court · 1988
- Konnick v. Farmers Ins. Co. of ArizonaNew Mexico Supreme Court · 1985
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jordan v. Allstate InsuranceNew Mexico Supreme Court · 2010
- State Farm Mutual Automobile Insurance v. Safeco InsuranceNew Mexico Supreme Court · 2013
- Farmers Ins. Co. of Ariz. v. SandovalNew Mexico Court of Appeals · 2011
- Farmers Ins. Co. of Arizona v. SandovalNew Mexico Court of Appeals · 2011
- Bonham v. Indemnity Insurance Co. of North AmericaDistrict Court, D. New Mexico · 2007
1 more not listed; retrieve them via the Exa API.