Mountain States Mutual Casualty Co. v. Martinez

848 P.2d 527, 115 N.M. 141
CourtNew Mexico Supreme Court
DecidedJanuary 6, 1993
Docket20161
StatusPublished
Cited by13 cases

This text of 848 P.2d 527 (Mountain States Mutual Casualty Co. v. Martinez) 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
Mountain States Mutual Casualty Co. v. Martinez, 848 P.2d 527, 115 N.M. 141 (N.M. 1993).

Opinions

OPINION

FROST, Justice.

Jennifer Roybal rear-ended a truck on Interstate 25, and her passenger, Jacqueline Martinez, was seriously injured. Roybal had an automobile insurance policy with Mountain States Mutual Casualty Company (Mountain States) providing for $60,000 in liability coverage per accident and $60,000 in uninsured/underinsured coverage per accident. Mountain States paid Martinez the limits of Roybal’s liability coverage, $60,-000 less the $1,287 it paid to the owner of the truck. Martinez’ damages exceeded $58,713, so she made a claim against Mountain States’ underinsured coverage, claiming that Roybal was an underinsured driver. Mountain States filed a declaratory judgment action seeking judicial enforcement of language limiting its underinsured coverage. The limiting language reads:

2. Any amount payable under this insurance shall be reduced by:
(b) All sums paid by or for anyone who is legally responsible, including all sums paid under the policy’s LIABILITY INSURANCE.

(Emphasis added). Because Martinez received liability benefits on the Mountain States policy, this liability offset provision would prevent Martinez from recovering underinsured benefits on the same policy. The trial court granted summary judgment in favor of Mountain States, upholding the liability offset provision. We affirm.

The issue on appeal is whether a guest passenger should be allowed to recover for public policy reasons under both the liability and underinsured motorist provisions of a negligent host driver’s insurance policy, even though a provision in the policy would prevent the double recovery. This is an issue of first impression in New Mexico. Recent cases have held that the only statutory conditions for recovery of underinsured motorist benefits are that (1) the insured be legally entitled to recover damages, and (2) the negligent driver be under-insured. See, e.g., Padilla v. Dairyland Ins. Co., 109 N.M. 555, 557, 787 P.2d 835, 837 (1990); Schmick v. State Farm Mut. Auto. Ins. Co., 103 N.M. 216, 219, 704 P.2d 1092, 1095 (1985). Martinez contends that any additional limitations on underinsured motorist coverage are unenforceable, whether the limitation applies to a Class I named insured or to a Class II passenger insured such as herself. Under the policy in question, Class I insureds are the named insured as stated in the policy, the spouse, and relatives residing in the household, whereas Class II insureds are those persons merely occupying an insured motor vehicle. See Konnick v. Farmers Ins. Co. of Ariz., 103 N.M. 112, 115, 703 P.2d 889, 892 (1985).

Mountain States notes that the statute requires an insurance company to offer underinsured coverage only to those who purchase liability insurance, or Class I insureds. It contends, therefore, that the statute was not primarily designed to protect Class II passenger insureds such as Martinez. For this reason, Mountain States claims that public policy would not protect Class II insureds like Martinez from the basic operation of contract law supporting the liability offset provision. We agree with Mountain States.

Our Uninsured Motorists’ Insurance statute states in relevant part that “[n]o motor vehicle or automobile liability policy insuring against loss resulting from liability ... shall be delivered ... unless coverage is provided ... for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles____” NMSA 1978, § 66-5-301(A) (Repl.Pamp.1989) (emphasis added). Coverage must also be provided for the protection of persons entitled to recover from owners or operators of underinsured motor vehicles. Id. at § 66-5-301(B) (emphasis added).

In Sullivan v. State Farm Mutual Automobile Insurance Co., 513 So.2d 992 (Ala.1987), the Alabama Supreme Court upheld a liability offset provision applied against a Class II insured. The Alabama Court’s interpretation of its similar Uninsured Motor Vehicle Coverage statute was the crucial factor in its determination. It stated that the statute was primarily designed to protect persons who purchased liability insurance for themselves and their families, Class I insureds. Id. at 996. It also reasoned that Class II insured passengers are insured by virtue of their host driver’s underinsured provision, not by mandate of the statute. Id. Thus, it concluded that a Class II insured’s coverage may be limited by the terms of an insurance contract without thwarting public policy. Id. On. this basis, the Alabama Court upheld the liability offset provision before it. The Supreme Courts of Arizona and Hawaii have reached the same result when applying statutory provisions substantially identical to the uninsured motorist statute of New Mexico. See Duran v. Hartford Ins. Co., 160 Ariz. 223, 772 P.2d 577, 578 (1989); Kang v. State Farm Mut. Auto. Ins. Co., 72 Haw. 251, 815 P.2d 1020, 1022 (1991). We adopt the rationale of these cases.

Martinez benefitted from underinsurance coverage under Roybal’s liability policy, but she was also subject to that policy’s exclusionary language requiring an offset of any proceeds paid under its liability coverage against underinsured benefits. The legislature mandated that underinsured coverage be included in every automobile liability insurance policy for the protection of Class I insureds. Mountain States’ policy limits the recovery of underinsured benefits by Class II insureds. The offset provision in Mountain States’ policy, therefore, does not contravene public policy or run afoul of legislative intent.

Further support for our conclusion is found in Millers Casualty Insurance Co. of Texas v. Briggs, 100 Wash.2d 1, 665 P.2d 891 (1983), wherein the Supreme Court of Washington upheld a definition of “under-insured motor vehicle” that in effect prevented a Class II passenger insured from recovering underinsured motorist benefits in addition to liability benefits under a negligent host driver’s policy. The Briggs court correctly observed that not to sustain such a limitation on coverage would transform underinsured motorist insurance into liability insurance and thus create a duplication of liability benefits. The court further explained:

This result would cause insurance companies to charge substantially more for underinsured motorist coverage in order to match the cost of that coverage with the presently more expensive liability coverage. This increase in cost would discourage consumers from purchasing underinsured coverage, an important protection presently available for a minimal cost.

Id. at 895. Accord Poekls v. Guaranty Nat’l Ins. Co., 436 N.W.2d 62, 64 (Iowa 1989), Wolgemuth v. Harleysville Mut. Ins. Co., 370 Pa.Super.

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Mountain States Mutual Casualty Co. v. Martinez
848 P.2d 527 (New Mexico Supreme Court, 1993)

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Bluebook (online)
848 P.2d 527, 115 N.M. 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mountain-states-mutual-casualty-co-v-martinez-nm-1993.