Home Indemnity Co. v. Arapahoe Drilling Co.

848 P.2d 1131, 115 N.M. 204
CourtNew Mexico Court of Appeals
DecidedFebruary 18, 1993
DocketNos. 13173 and 13188
StatusPublished
Cited by2 cases

This text of 848 P.2d 1131 (Home Indemnity Co. v. Arapahoe Drilling Co.) 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
Home Indemnity Co. v. Arapahoe Drilling Co., 848 P.2d 1131, 115 N.M. 204 (N.M. Ct. App. 1993).

Opinion

OPINION

PICKARD, Judge.

This appeal involves the time limitation for taking certain appeals from the corporation commission (sitting as the insurance board) to the district court. Home Indemnity Company was aggrieved by a decision of the corporation commission entered on November 9, 1990, in favor of Arapahoe Drilling Company. Home Indemnity filed its appeal on December 19, 1990. Upon motion of Arapahoe, the district court dismissed Home Indemnity’s appeal. By separate order, the district court confirmed the judgment of the corporation commission, apparently because there was no reason not to confirm the judgment once the appeal was dismissed. Home Indemnity filed separate appeals from each order, and we consolidated the appeals on motion of the parties. Neither party separately briefed the order confirming the judgment; both parties agree that at this stage of the proceedings, the propriety of the order confirming the judgment turns on whether or not the appeal was properly dismissed. We hold that the appeal was properly dismissed and therefore affirm both orders.

BACKGROUND

The Insurance Code is contained in NMSA 1978, Sections 59A-1-1 to 59A-55-26 (Repl.Pamp.1992) and consists of all those sections except Articles 16A, 23A, 23B, and 24A, and Section 59A-33-14. Section 59A-1-1. We cite the 1992 replacement pamphlet because none of the provisions specifically applicable to this case has materially changed since this case was filed. Article 4 of the Insurance Code, §§ 59A-4-1 to -20, is entitled “Examinations, Hearings and Appeals” and contains Subsections 59A-4-20(A) and (B), which provide that “A party may appeal from an order of the superintendent,” and “The appeal shall be taken within sixty days- after receipt, by the party appealing, of a copy of the decision from the review of the superintendent’s order by the corporation commission or insurance board.”

If this provision applies, Home Indemnity’s appeal was timely and the court below erred in dismissing it. However, Subsection 59A-4-20(F) provides that “This section shall not apply to matters arising under Chapter 59A, Article 17 NMSA 1978.”

Article 17 of the Insurance Code, §§ 59A-17-1 to -36, is entitled “Insurance Rates and Rating” and contains Subsection 59A-17-35(A), which provides that “Any order made by the insurance board pursuant to Section 59A-17-34 NMSA 1978 shall be subject to review by the district court of Santa Fe county in the same manner as provided for taking of appeals in other civil actions.” Thus, the three issues raised by this case are: (1) whether the proceedings in this case were under Article 17, culminating in a decision pursuant to Section 59A-17-34; (2) whether the time for “taking of appeals in other civil actions” expired by the time Home Indemnity’s appeal was filed; and (3) whether other reasons would allow the appeal to be heard.

FACTS

The nature of the proceeding before the corporation commission was a dispute between the parties about the proper workers’ compensation premiums that Arapahoe should have been paying. Home Indemnity claimed that Arapahoe owed it some $90,-000 in premiums and invoked the jurisdiction of the federal court to collect. Arapahoe claimed that it did not owe the $90,000 and, in addition, claimed that it had overpaid some $140,000 in premiums; Arapahoe made its claims in a counterclaim in the federal action. Pursuant to stipulation, the parties agreed that all issues in the federal court action would be submitted to the jurisdiction of the New Mexico Department of Insurance.

The nature of the dispute concerned whether a class of employees known as “tool pushers” would be classified for rating purposes as oil field workers or supervisory personnel. If they were classified as the former, the rate was $35.71 per $100 of payroll; if the latter, the rate was $4.87 per $100 of payroll. The superintendent of insurance held that tool pushers were supervisory personnel and that Home Indemnity had improperly classified them. The corporation commission affirmed.

DISCUSSION

1. Article 17 versus Article 4

Home Indemnity contends that the issues presented to the superintendent did not involve insurance rating, rate experience, calculation of the rate of the premium, or rate determination, and that therefore Article 17 cannot apply. It further contends that this matter involves the appropriate rate classification and therefore Article 4 applies. We disagree.

The word “classification” appears nowhere in Article 4. On the other hand, it appears several places in Article 17. For example, there is Section 59A-17-4(C), which defines “supplementary rate information” as “any manual or plan of ... classification,” and there is Section 59A-17-8, which permits risks to be grouped by classification, provides that classification systems be updated periodically, and outlines how classifications are assigned.

Section 59A-17-30(B) permits the superintendent to hear appeals relating to an insurance company’s rating system. In this case, the decision of the superintendent of insurance recited that jurisdiction was invoked pursuant to the parties’ stipulation and Section 59A-17-30. In both Home Indemnity’s docketing statement and its brief in chief, it recited that the issues were presented to the superintendent pursuant to Section 59A-17-30 for resolution. In other words, it appears Home Indemnity concedes that Article 17 applied to the proceedings before the corporation commission.

It argues, however, that the proceedings were nonetheless conducted by the corporation commission pursuant to certain sections of Article 4. This argument is not convincing. While both the stipulation and the decision of the superintendent recited that the proceedings in this case were conducted pursuant to Sections 59A-4-15 and -17, this does not mean that the proceedings were not Article 17 proceedings. Section 59A-17-34 expressly provides that Article 17 hearings are to be conducted pursuant to certain of the procedural provisions of Article 4, notably Sections 59A-4-15, -16, and -17. Moreover, it bears repeating that Subsection 59A-4-20(F) expressly provides that Section 59A-4-20 does not apply to matters arising under Article 17.

For these reasons, the appeal had to be taken within the time limits provided by Article 17.

2. Time for “taking of appeals in other civil actions”

Section 59A-17-35 provides that appeals to the district court from Article 17 proceedings are to be taken “in the same manner as provided for taking of appeals in other civil actions.” What does this language mean in the context of an appeal to district court?

Several possibilities come to mind. Before discussing them, we note that the Supreme Court has not addressed this matter by rule of iprocedure. See James v. New Mexico Human Servs. Dep’t, Income Support Div., 106 N.M. 318, 742 P.2d 530 (Ct. App.) (when Supreme Court has set time limit for taking administrative appeal, that time limit governs over inconsistent statutory time limit), cert. quashed, 106 N.M. 353, 742 P.2d 1058 (1987); see also State v. Alvarez, 113 N.M. 82, 823 P.2d 324 (Ct.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

STATE EX REL. HWY. & TRANSP. DEPT. v. Baca
867 P.2d 421 (New Mexico Court of Appeals, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
848 P.2d 1131, 115 N.M. 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/home-indemnity-co-v-arapahoe-drilling-co-nmctapp-1993.