California Casualty Insurance v. Garcia-Price

2003 NMCA 044, 63 P.3d 1159, 133 N.M. 439
CourtNew Mexico Court of Appeals
DecidedNovember 13, 2002
Docket22,262
StatusPublished
Cited by10 cases

This text of 2003 NMCA 044 (California Casualty Insurance v. Garcia-Price) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
California Casualty Insurance v. Garcia-Price, 2003 NMCA 044, 63 P.3d 1159, 133 N.M. 439 (N.M. Ct. App. 2002).

Opinion

OPINION

BOSSON, Chief Judge.

{1} California Casualty Company (“insurance company”) filed this declaratory judgment action seeking to establish that it was not liable to Defendants under the uninsured/underinsured provisions of its automobile insurance policy. Pursuant to an arbitration clause in the policy, Defendants moved to have the case sent to arbitration, and the court granted the motion. Insurance company appeals, arguing that the language of the arbitration clause does not allow for arbitration of coverage issues. Insurance company contends that arbitration is available only for issues of liability and damages, and that coverage issues present questions of law that can be determined only by a court. Both sides rely heavily on Guar. Nat’l Ins. Co. v. Valdez, 107 N.M. 764, 766-67, 764 P.2d 1322, 1324-25 (1988), which requires us to interpret that opinion and apply it for the first time in New Mexico to this issue. We hold that, under the circumstances of this case, the trial court correctly ruled that coverage issues are arbitrable, and affirm.

BACKGROUND

{2} Erik Sanchez was murdered when he was thrown off the Taos Gorge bridge during the course of a car theft. The crime began when two men, Luis Acosta, the driver, and David Sandoval, the passenger, tricked Sanchez into pulling over and stopping his car. Sandoval then forced Sanchez at gunpoint to relinquish control of his car, and Sandoval drove off with Sanchez in the passenger seat. Acosta followed in the other car. Eventually, Acosta left his car at his mother’s house, and the two hijackers continued in Sanchez’s ear to the bridge, where they threw Sanchez to his death and took his car.

{3} The personal representative of Sanchez’s estate and Sanchez’s stepfather, Robert Price, (hereafter “Defendants”) began pursuing a claim against insurance company under the uninsured/underinsured provisions of Price’s automobile insurance policy with insurance company. Defendants based their claim on a theory that Sanchez’s death arose out of the ownership, maintenance, or use of Acosta’s vehicle, which was uninsured, and Sanchez’s vehicle, which was driven or controlled by Sandoval, an uninsured and unauthorized driver, during the course of the crime.

{4} Insurance company filed this declaratory judgment action against Defendants seeking to establish that it is not hable under the policy. In response, Defendants moved to compel arbitration, relying on policy language allowing either party to select arbitration “[i]f an insured and we do not agree ... [wjhether that person is legally entitled to recover damages ... or [as] to the amount of damages____” Insurance company rejected arbitration, arguing that the core dispute required the trial court to determine, in the first instance, whether there was coverage— a question of law — before Defendants had any right to rely on the arbitration clause in the policy. The insurance company’s position relied on Valdez.

{5} The trial court disagreed with insurance company. It read Valdez to require it to analyze the specific language of the policy to determine the scope of the arbitration clause. The court did so, and concluded that the phrase “legally entitled to recover damages” was broad enough to include questions of coverage. The court granted Defendants’ motion to compel arbitration from which insurance company appeals. See Britt v. Phoenix Indem. Ins. Co., 120 N.M. 813, 815-16, 907 P.2d 994, 996-97 (1995) (construing an order compelling arbitration as final and appealable).

DISCUSSION

Standard of Review

{6} The scope of the arbitration clause is a question of law which we review de novo. Rummel v. Lexington Ins. Co., 1997-NMSC-041, ¶ 60, 123 N.M. 752, 945 P.2d 970 (stating that the interpretation of an insurance contract is a matter of law reviewed de novo). When, as here, the resolution of the issue involves the interpretation of documentary evidence, we are in as good a position as the trial court to interpret the contract, and need not defer to the trial court. See Kirkpatrick v. Introspect Healthcare Corp., 114 N.M. 706, 711, 845 P.2d 800, 805 (1992).

Scope of the Arbitration Provision

{7} The arbitration clause allows either party to select arbitration “[i]f an insured and we do not agree ... [wjhether that person is legally entitled to recover damages ... or [as] to the amount of damages____” If the language “legally entitled to recover” includes coverage issues, Defendants have a right to compel arbitration. If it does not, then insurance company is correct that the arbitration clause does not apply to the issues raised in this action for declaratory judgment.

{8} Insurance company’s complaint for declaratory judgment provides numerous reasons why it contends that the policy does not cover damages caused by the actions of Sandoval and Acosta. Among other things, it argues that Sanchez’s death was not an “accident”; that the criminal conduct was an independent, intervening cause of the death; that Sanchez did not reside with the owner of the policy and was not listed a driver on the policy; that Sanchez’s death did not arise out of the ownership, maintenance, or use of an uninsured vehicle; and that Defendants did not give prompt notice of the accident.

{9} The insurer characterizes these as coverage issues, and therefore as questions of law that must be decided by a court and not by arbitrators. While some of these claims may be properly characterized as questions of law, others appear to involve factual issues. However, for purposes of this opinion, it is unnecessary to determine whether they

are questions of law or of fact. We assume that the complaint for declaratory judgment presents coverage issues and questions of law.

The Trial Court’s Duty Under Valdez

{10} Insurance company relies on Valdez for its proposition that coverage issues should not be decided in arbitration. See Valdez, 107 N.M. at 766-67, 764 P.2d at 1324-25. It argues that if a dispute arises over whether the arbitration clause applies, it must be resolved first by a court before arbitration can proceed. We appreciate that the Valdez opinion includes language that appears to support insurance company’s view. For example, Valdez states:

We do not hold that arbitration is unavailable to parties seeking to resolve a disputed question of law. But where a question of law is in dispute, and where one of the parties to an arbitration agreement resists arbitration and seeks a determination of that legal question by the court, then that party must be heard — as to that issue — by the court.

Id. at 766, 764 P.2d at 1324. The insurer also relies on Valdez’s statement that, “[w]here, as here, a complaint for declaratory judgment raises questions of law arising from the disputed interpretation of an arbitration contract, the proper forum for resolution of such questions is the trial court.” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
2003 NMCA 044, 63 P.3d 1159, 133 N.M. 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/california-casualty-insurance-v-garcia-price-nmctapp-2002.