Legal Opinion

State Farm Mutual Automobile Insurance v. Progressive Specialty Insurance

New Mexico Court of Appeals

Decided October 9, 2001No. 21,978PublishedCited by 9 opinions

1Opinion of the Court

OPINION

BOSSON, Chief Judge.

{1} This appeal addresses a question left unanswered by prior appellate decisions as to whether New Mexico’s mandatory liability insurance law requires coverage for punitive damages. We hold that New Mexico law does not require such coverage and that an insurer may contractually exclude punitive damages from its liability policy. The district court having ruled to the contrary, we reverse.

BACKGROUND

{2} Starla Johnson and Kimberly Ward were involved in an automobile accident. Johnson made a demand upon Ward and her liability insurer, Progressive Insurance Company…

2Cases cited11 opinions

  1. Swink v. FingadoNew Mexico Supreme Court · 1993
  2. Stinbrink v. Farmers Ins. Co. of ArizonaNew Mexico Supreme Court · 1990
  3. Weidler v. Big J Enterprises, Inc.New Mexico Court of Appeals · 1997
  4. Britt v. Phoenix Indemnity InsuranceNew Mexico Supreme Court · 1995
  5. Stewart v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1986

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. NealNew Mexico Court of Appeals · 2007
  2. State Farm Mutual Automobile Insurance v. Ballard Ex Rel. BallardNew Mexico Supreme Court · 2002
  3. Arias v. Phoenix Indemnity InsuranceNew Mexico Court of Appeals · 2009
  4. STATE FARM MUT. AUTO. INS. v. ProgressiveNew Mexico Court of Appeals · 2001
  5. Arnold v. Farmers Ins. Co. of ArizonaDistrict Court, D. New Mexico · 2011

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