Cordova v. Wolfel

903 P.2d 1390, 120 N.M. 557
CourtNew Mexico Supreme Court
DecidedSeptember 20, 1995
Docket21245
StatusPublished
Cited by8 cases

This text of 903 P.2d 1390 (Cordova v. Wolfel) 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
Cordova v. Wolfel, 903 P.2d 1390, 120 N.M. 557 (N.M. 1995).

Opinion

OPINION

MINZNER, Justice.

Cordova appeals from a decision granting summary judgment in favor of National Car Rentals Systems (National). This case raises the issue of whether the Mandatory Financial Responsibility Act (the MFRA), NMSA 1978, §§ 66-5-201 to -289 (Repl.Pamp.1994), imposes liability upon a self-insured rental car company for the negligence of an unauthorized driver, despite a contrary rental contract provision. We conclude that the MFRA does not impose such liability, and we affirm summary judgment.

I. FACTS

On January 26,1990, Priscilla Abeyta rented a car from National at the Albuquerque Airport. Her purpose was to drive her son David and his two friends to Reno, Nevada. At the time of renting, she intended to drive the vehicle exclusively herself. There is a factual dispute between the parties about what rental documents Abeyta read and consented to at the time that she entered into the lease. It is clear, however, that Abeyta signed a standard National form wherein she acknowledged that only she had an “additional authorized driver may drive vehicle.” A space for the designation of an additional authorized driver appeared next to Abeyta’s signature, and that space was blank. Abeyta declined to purchase optional personal accident insurance.

Shortly after picking up the vehicle, Abeyta became ill, and she decided not to make the trip. She gave permission to her son David to drive. There appears to be a factual dispute about whether she also gave David’s friends Wolfel and Cordova permission to drive. After the three men started on their trip, they began to drink, and Wolfel took over the driving. There is a factual dispute about whether Wolfel had had anything to drink and whether he was intoxicated at the time of the accident, which occurred on an interstate highway in Arizona. 1 The accident resulted, at least in part, from Wolfel’s negligence, and there were no other vehicles involved.

Cordova claims to have sustained injuries in the amount of $650,000. This figure includes medical expenses exceeding $69,000, lost wages, and permanent loss of the sense of smell. Cordova brought suit against Wolfel, National, Mr. and Mrs. Abeyta, their son David, and Travelers Insurance Company, the Abeytas’ personal liability insurer. Cordova has settled his claims against the Abeytas and Wolfel. The trial court granted summary judgment in favor of Travelers after it determined that the insurance contract between Travelers and the Abeytas did not extend coverage to the rental car. National is the sole remaining defendant.

II. DISCUSSION

A Summary Judgment

Along with its motion for summary judgment, National submitted the car rental agreement wherein Abeyta acknowledged that she was the only authorized driver of the vehicle. National asserted that because the agreement provided liability coverage only to authorized drivers, National had no obligation to indemnify Wolfel for liability resulting from his negligent operation of the vehicle. National maintains that as the self-insured owner of the rental car, it is not an insurer, and there was no insurance contract between it and Abeyta. National further contends that the MFRA specifically exempts self-insurers from its provisions.

Cordova argues that National’s “Certificate of Self-Insurance [issued by the State Superintendent of Insurance] provides liability ... coverage on [the] vehicle driven by Frederick Wolfel.” Cordova does not dispute National’s contention that Wolfel was not an authorized driver. Rather, Cordova argues that Wolfel was a permissive driver because he operated the vehicle with Abeyta’s express or implied permission. See United Servs. Auto. Ass’n v. National Farmers Union Property & Casualty, 119 N.M. 397, 891 P.2d 538 (1995). This contention rests upon the premise that National, as a self-insurer, provided insurance coverage under which Abeyta was the “named insured.” Cordova asserts that because the MFRA mandates that liability coverage must extend to persons using the vehicle with the express or implied permission of the named insured, coverage extends to Wolfel by operation of law. See id.; § 66-5-221(A)(2).

Cordova argues on appeal that the trial court erred when it determined that, as a matter of law, National is not liable for Wolfel’s negligence. We agree with the trial court’s interpretation of the rental agreement and its resolution of the purely legal issues presented by this case. Resolving all disputed facts in favor of Cordova, we conclude that National is entitled to judgment, and we affirm. See Tapia v. Springer Transfer Co., 106 N.M. 461, 462-63, 744 P.2d 1264, 1265-66 (Ct.App.), cert. quashed, 106 N.M. 405, 744 P.2d 180 (1987).

B. Self-Insurance

Most authorities agree that self-insurance is not insurance. Insurance is a contract whereby for consideration one party agrees to indemnify or guarantee another party against specified risks. See New Mexico Life Ins. Guar. Ass’n v. Moore, 93 N.M. 47, 50, 596 P.2d 260, 263 (1979); NMSA 1978, § 59A-1-5 (Repl.Pamp.1992). In contrast, self-insurance is a process of risk retention whereby an entity “set[s] aside assets to meet foreseeable future losses.” Robert E. Keeton & Alan I. Widiss, Insurance Law: A Guide to Fundamental Principles, Legal Doctrines and Commercial Practices § 1.3, at 14 (1988); see also Levi Strauss & Co. v. New Mexico Property & Casualty Ins. Guar. Ass’n (In re Mission Ins. Co.), 112 N.M. 433, 437, 816 P.2d 502, 506 (1991) (holding that a certificate of self-insurance “cannot be equated with an insurance contract or policy”). A self-insurer protects itself from liability; it does not assume the risk of another. See Levi Strauss & Co., 112 N.M. at 436-37, 816 P.2d at 505-06; Consolidated Enters., Inc. v. Schwindt, 172 Ariz. 35, 833 P.2d 706, 709 (1992) (en banc). We note that self-insurance and insurance serve similar purposes and that insurance principles may sometimes apply to self-insurance by way of analogy. Nonetheless, we reject as inaccurate Cordova’s theory that self-insurance is a sub-set of insurance.

The relationship between National and its lessees is one of bailment, and there generally is no common law basis for imposing upon a bailor liability for a bailee’s negligent operation of a bailed vehicle. See Stover v. Critchfield, 510 N.W.2d 681, 683-84 (S.D.1994). The legislatures of a few states have altered this common law rule through legislation. See Ariz.Rev.Stat.Ann. § 28-324

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903 P.2d 1390, 120 N.M. 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cordova-v-wolfel-nm-1995.