In Re Portal

2002 NMSC 011, 45 P.3d 891, 132 N.M. 171
CourtNew Mexico Supreme Court
DecidedApril 8, 2002
Docket27,059
StatusPublished
Cited by23 cases

This text of 2002 NMSC 011 (In Re Portal) 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
In Re Portal, 2002 NMSC 011, 45 P.3d 891, 132 N.M. 171 (N.M. 2002).

Opinion

OPINION

BACA, Justice.

{1} We accepted certification in this case from the United States District Court for the District of New Mexico to resolve the question of whether an uninsured motorist policy is an accident policy within the meaning of NMSA 1978, § 42-10-3 (1937) such that proceeds from the uninsured motorist policy are exempt from attachment. This question arises out of a bankruptcy proceeding in which the Bankruptcy Trustee objected to an exemption claimed by Cecilia Portal (Debtor) for the proceeds from an uninsured motorist policy. This Court has jurisdiction under NMSA 1978, § 39-7-4 (1997) and Rule 12-607 NMRA 2002. We conclude that Section 42-10-3 provides an exemption for such proceeds as uninsured motorist insurance qualifies as “accident” insurance and, thus, is within the scope of the statutory language.

I.

{2} Debtor and Trustee stipulated to the following facts. Debtor was injured in an automobile accident. At that time, Debtor had uninsured motorist coverage in the amount of $25,000. She retained an attorney to pursue her claims against her insurer for past and future medical expenses, past and future lost wages, and pain and suffering. She secured medical treatment for her injuries through letters of protection issued by her attorney to her medical providers. However, Debtor has chosen to defer further medical treatment until this issue is resolved.

{3} Before resolution of her insurance claims, Debtor filed a Chapter 7 bankruptcy petition. In the petition she selected the state exemption scheme, under which she scheduled and claimed an exemption for the anticipated proceeds from her uninsured motorist policy. Debtor claimed the exemption simply as “proceeds” from the policy. Debt- or’s insurance company disputes her entitlement to the $25,000 policy limit. Because the compensation for each of her claims will be decided in her case against the insurance company, Debtor waived the right in the bankruptcy proceeding to argue the necessity of the exemption based on compensation for specific injuries, such as lost wages or actual bodily injury. Trustee objected to the claimed exemption and reserved the right to seek avoidance of any lien created by the letters of protection. The District Court certified to this Court the question of whether Section 42-10-3 permits Debtor’s claimed exemption in her uninsured motorist insurance proceeds.

II.

{4} Debtor argues that the plain language of Section 42-10-3 permits the exemption of monies derived from an uninsured motorist policy because the policy qualifies as an “accident” policy. Debtor contends that exemption statutes are to be liberally construed and allowing the exemption of proceeds of uninsured motorist insurance conforms with the public policy underlying the uninsured motorist insurance statute. See NMSA 1978, § 66-5-301 (1983); see also Fasulo v. State Farm Mut. Auto. Ins. Co., 108 N.M. 807, 811, 780 P.2d 633, 637 (1989) (discussing the purpose of Section 66-5-301). Trustee counters that an “accident” policy does not include automobile insurance and that liberal interpretation of this exemption statute would give Debtor a “head start” as opposed to the “fresh start” that bankruptcy should provide. Trustee asserts that Debtor’s failure to plead specific injuries prohibits the extension of the statute to encompass uninsured motorist insurance proceeds because Debtor has not shown that she needs the exemption to prevent destitution. Finally, Trustee contends that a lack of uniformity in bankruptcy proceedings occurs when exemptions are not supported by the statutory language. We agree with Debtor and conclude that proceeds from uninsured motorist insurance are exempt under Section 42-10-3.

{5} “In interpreting a statute, a court not only looks to the plain meaning of the language employed, but also to the object of the legislation.” Dona Ana Sav. & Loan Ass’n, F.A. v. Dofflemeyer, 115 N.M. 590, 592, 855 P.2d 1054, 1056 (1993). “Statutes are to be read in a way that facilitates their operation and the achievement of their goals.” Miller v. N.M. Dep’t of Transp., 106 N.M. 253, 255, 741 P.2d 1374, 1376 (1987). Thus, “[o]ur interpretation of statutes must be consistent with legislative intent, and our construction must not render a statute’s application absurd, unreasonable, or unjust.” Dofflemeyer, 115 N.M. at 592-93, 855 P.2d at 1056-57. Section 42-10-3 is an exemption statute. As such, we construe its plain language liberally. Laughlin v. Lumbert, 68 N.M. 351, 354, 362 P.2d 507, 509 (1961). Liberal: construction is necessary to promote the “ ‘humane policy [of preventing] families from becoming destitute as the result of misfortune through common debts which generally are unforeseen.’” Hernandez v. S.I.C. Fin. Co., 79 N.M. 673, 674, 448 P.2d 474, 475 (1968) (quoting Tomson v. Lerner, 37 N.M. 546, 549, 25 P.2d 209, 211 (1933)).

{6} Section 42-10-3 provides:

The cash surrender value of any life insurance policy, the withdrawal value of any optional settlement, annuity contract or deposit with any life insurance company, all weekly, monthly, quarterly, semiannual or annual annuities, indemnities or payments of every kind from any life, accident or health insurance policy, annuity contract or deposit heretofore or hereafter issued upon the life of a citizen or resident of the state of New Mexico, or made by any such insurance company with such citizen, upon whatever form and whether the insured or the person protected thereby has the right to change the beneficiary therein or not, shall in no case be liable to attachment, garnishment or legal process in favor of any creditor of the person whose life is so insured or who is protected by said contract, or who receives or is to receive the benefit thereof, nor shall it be subject in any other manner to the debts of the person whose life is so insured, or who is protected by said contract or who receives or is to receive the benefit thereof, unless such policy, contract or deposit be taken out, made or assigned in writing for the benefit of such creditor.

Clearly, Section 42-10-3 permits exemptions for certain funds, such as life insurance and annuities. See Albuquerque Nat’l Bank v. Zouhar (In re Zouhar), 10 B.R. 154, 157 (Bankr.D.N.M.1981). However, the question presented here is whether an uninsured motorist insurance policy qualifies as an “accident” policy such that it falls within the scope of the statute and permits exemption of benefits paid under the policy to the insured. We conclude that it does.

{7} “The language of [Section 42-10-3] is broad and expansive. It does not limit the type of payment, form of payment, or person to receive the payment.” Finch v. Schrock (In re Schrock), 119 B.R. 808, 809 (Bankr.D.N.M.1990). Indeed, the language of the statute provides exemption for “payments of every kind from any life, accident or health insurance policy ... issued upon the life of a citizen ...

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Cite This Page — Counsel Stack

Bluebook (online)
2002 NMSC 011, 45 P.3d 891, 132 N.M. 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-portal-nm-2002.