Chavez v. American Life & Casualty Insurance

872 P.2d 366, 117 N.M. 393
CourtNew Mexico Supreme Court
DecidedMarch 29, 1994
DocketNo. 21040
StatusPublished
Cited by1 cases

This text of 872 P.2d 366 (Chavez v. American Life & Casualty Insurance) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chavez v. American Life & Casualty Insurance, 872 P.2d 366, 117 N.M. 393 (N.M. 1994).

Opinion

OPINION

RANSOM, Justice.

Roberta Chavez and Manuel Blea, the beneficiaries of a life insurance certificate, appeal from a summary judgment denying their claims against the insurer and the policyholder of a group policy, American Life and Casualty Insurance Company of Fargo, North Dakota and the New Mexico National Guard Association, Inc., respectively. Chavez and Blea claimed benefits following the death of guardsman Mark Blea, who held a certificate reflecting insurance of $25,000 under the group policy. The trial court held that Mark Blea had not been entitled to notice before his life insurance certificate was cancelled for nonpayment. We affirm.

Facts. In December 1988, New Mexico National Guard member Mark Blea obtained life insurance in the face amount of $25,000 through a group policy issued to the Association by American Life, naming his father, Manuel, and his friend, Chavez, as beneficiaries. Blea authorized a monthly deduction from his drill pay to be forwarded to the Association and transmitted to American Life to cover the premium for his life insurance. Blea’s insurance certificate specifically provided that the insurance would terminate at the end of the last month for which a premium was paid.

Deductions were made and premiums were paid from October 1988 to April 1989. In May and June 1989, Blea did not attend drill and consequently did not receive pay from which deductions could be made. From July 5 to October 3, Blea went on active status with the Army. During this time he did not receive any drill pay from which deductions could be made because he was not participating in National Guard drill. From October 1988 to November 1989, the Army issued to Blea a monthly Leave and Earnings Statement (“LES”) that detailed all deductions from his pay and identified the reason for the deduction. Blea’s statements from May to August reflect that no deduction was made to pay the life insurance premiums.

In August, American Life cancelled Blea’s certificate for nonpayment. The consequent termination of the deduction was noted on Blea’s August LES. The LES was sent, however, to Blea’s National Guard unit rather than to Blea, who was on active duty status at the time. Blea died on November 5, and the beneficiaries made demands for payment under the certificate. American Life refused payment because the certificate had been cancelled.

Proceedings. On May 27,1990, the beneficiaries filed a class action on behalf of all beneficiaries of life insurance policies issued by American Life. A second amended complaint named the Association as a defendant. On July 27, the Association filed a motion for summary judgment, and on October 20 American Life filed a similar motion. The trial court concluded that both the Association and American Life were entitled to summary judgment and the action was dismissed with prejudice.

The statutory requirement of ten-day notice of cancellation does not apply to life insurance. The beneficiaries argue on appeal that neither American Life as the insurer nor the Association as its agent gave Blea notice of cancellation of his certificate for nonpayment as required by NMSA 1978, Section 59A-18-29(A) (Repl.Pamp.1992). American Life and- the Association contend that the statute does not apply to life insurance. In plain and unambiguous terms, Section 59A-18-29(F) states: “This section shall not apply as to life insurance or annuity contracts, health insurance contracts, title insurance, inland marine insurance contracts, or to any insurance policy which by its terms is not cancellable during the term of the policy at the option of the insurer.” (Emphasis added.)

The beneficiaries argue that this section is not pertinent to this case because Blea’s life insurance contract-was not one that “by its terms is not cancellable during the term of the policy.” The beneficiaries, however, misconstrue the statute. In Hale v. Basin Motor Co., 110 N.M. 314, 318, 795 P.2d 1006, 1010 (1990), this Court reaffirmed the rule of construction that follows from the “last antecedent” doctrine in interpreting the meaning of the word “or”. We stated that “the word ‘or’ should be given its normal disjunctive meaning unless the context of the statute demands otherwise,” and we recognized that “relative and qualifying words, phrases, and clauses are to be applied to the words or phrase immediately preceding, and are not to be construed as extending to or including others more remote.” Id. (quoting Caseldine v. Johnson (In re Goldsworthy’s Estate), 45 N.M. 406, 412, 115 P.2d 627, 631 (1941)). Construing the certificate in this manner, we hold that it is only the phrase “to any other insurance policy” that is limited by the concluding language in Section 59A-18-29(F).

Our holding is supported by Department of Insurance regulations. The Department has adopted a rule that is identical in content to Section 59A-18~29(A). See New Mexico Dep’t of Ins., Cancellation Rule 79-3-4 (Feb. 1, 1980). Like Section 59A-18-29(A), Rule 79-3-4 requires at least a ten-day notice of cancellation of a policy for nonpayment. The regulations define “policy” to mean “any policy issued by an insurer protecting the insured against the perils or incidents described as Class 2, Class 3 or Class 5 insurance, as those classes are defined in [NMSA 1978] Section 59-27-30.” New Mexico Dep’t of Ins., Cancellation Rule 79-3-2(G). Section 59-27-30 defined life insurance as a Class 1 insurance. Thus, under the regulations, a holder of a life insurance policy is not entitled to notice of cancellation for nonpayment.1 Because “the interpretation of a statute by a department of public officials charged with the duty of administering a statute will be of persuasive force with the courts,” Ortega v. Otero, 48 N.M. 588, 594, 154 P.2d 252, 255 (1944), we find the Department regulations leave no genuine issue regarding whether holders of life insurance are entitled to a ten-day notice of cancellation for nonpayment.

The beneficiaries also argue that if this Court does not apply the last restrictive clause to life insurance, the intent and purpose of the statute is defeated because the cancellation provision would apply only to liability insurance. We believe, however, that by writing the statute as it did the legislature intended to limit the cancellation provision to exclude life insurance. The legislature is presumed to know the law, including the laws of statutory construction, when it passes legislation. See V.P. Clarence Co. v. Colgate, 115 N.M. 471, 474, 853 P.2d 722, 725 (1993) (interpreting statute in light of presumption that the legislature knows of existing law when it passes statute). Thus, the legislature is presumed to know that this Court will apply a restrictive clause following an “or” only to the immediately preceding term unless it is clear from the statute that the restriction is meant to apply to the entire list. The legislature did not provide any reason to apply the restrictive clause in Section 59-18-29(F) to the term “life insurance” and thus we will not make such an application.

The Association has a common-law duty of good faith and due care in attending to a group policy.

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Related

Chavez v. AMERICAN LIFE AND CAS. INS. CO.
872 P.2d 366 (New Mexico Supreme Court, 1994)

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872 P.2d 366, 117 N.M. 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chavez-v-american-life-casualty-insurance-nm-1994.