Rodriguez v. Windsor Insurance

879 P.2d 759, 118 N.M. 127
CourtNew Mexico Supreme Court
DecidedJuly 19, 1994
Docket21116
StatusPublished
Cited by46 cases

This text of 879 P.2d 759 (Rodriguez v. Windsor 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
Rodriguez v. Windsor Insurance, 879 P.2d 759, 118 N.M. 127 (N.M. 1994).

Opinion

OPINION

MONTGOMERY, Chief Justice.

This is another in the seemingly endless series of cases in New Mexico involving the principle of “stacking” uninsured motorist coverages under an automobile insurance policy covering more than one vehicle. Our past cases have evolved a strong judicial policy, rooted in this state’s uninsured motorists insurance statute (NMSA 1978, Section 66-5-301 (Repl.Pamp.1994)), favoring stacking in order that a person injured by an uninsured or underinsured motorist may receive compensation for his or her damages to the extent of the insurance purchased for his or her protection. See, e.g., Lopez v. Foundation Reserve Ins. Co., 98 N.M. 166, 170-71, 646 P.2d 1230, 1234-35 (1982).

Some insurance companies have attempted to circumvent this policy through a variety of measures, including antistacking clauses in their insurance policies and, more recently, premium structures for uninsured motorist benefits in multi-car policies that purport to avoid a separate charge for the coverage with respect to each car. This more recent effort lays heavy stress on the rationale in many of our cases predicating stacking, in significant part, on the insured’s payment of multiple premiums for multiple coverages — i.e., a separate premium for the uninsured motorist coverage “on” each car insured under the policy. See, e.g., id. at 171, 646 P.2d at 1235. In one of our most recent stacking eases, Allstate Insurance Co. v. Stone, 116 N.M. 464, 863 P.2d 1085 (1993), we considered a multi-car policy in which-the insurer charged a single premium for coverage with respect to all vehicles insured by the policy. We held that stacking of the coverages was permitted, but did not reach the effect of the single-premium charge. We relied instead on an internal inconsistency between the limitation-of-liability clause in the policy and a clause prohibiting combination of limits for certain types of coverage, expressly excluding uninsured motorist coverage — a repugnancy that rendered the policy’s attempt to prevent stacking ambiguous and, therefore, ineffectual. Id. at 466-67, 863 P.2d at 1087-88.

The question of the efficacy of a single premium to prevent stacking has returned in the present case. Once again, we find the policy ambiguous, in several respects, and hold that stacking must be permitted. The precise issue is whether, when the policy says that the premiums for uninsured motorist coverages with respect to additional vehicles under the policy are “included” in another premium (or other premiums), a reasonable insured might understand that more than one premium is charged, more than one coverage is purchased, and stacking of coverages is permitted. The lower court resolved this issue in favor of the insurer and entered summary judgment accordingly. We reverse and remand for further proceedings.

I.

The case arises from an action, brought by Rachelle Rodriguez (“Rachelle”) against the Windsor Insurance Company (“Windsor”) and the Silas T. Garcia and Associates Agency (“the Garcia Agency”), for damages and a declaratory judgment that Rachelle was entitied to stack the uninsured motorist coverages under an automobile insurance policy purchased through the Garcia Agency and issued by Windsor.

Jacci Rodriguez, Rachelle’s mother, purchased the policy; it provided various types of insurance on the three vehicles owned and used by her family. The drivers named in the policy were Jacci, her husband Reginald, and Rachelle. 1 The policy consisted of a declarations page, the underlying printed policy, an uninsured motorist endorsement, .and other miscellaneous endorsements not material to the issue on appeal. Appearing prominently near the top of the declarations page was the statement, “INSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE.” Immediately below this statement was a grid or matrix of lines and columns showing the various types and amounts of coverage, with the premium charged for each, as follows:

PREMIUMS

COVERAGE LIMITS OF LIABILITY UNIT 12 3

A BODILY INJURY $50,000 EA PERSON

$100,000 EA ACCIDENT 159.00 174.00 116.00

B PROPERTY DAMAGE $25,000 EA ACCIDENT INCL INCL INCL

C MEDICAL PAYMENTS $5,000 EA PERSON

$5,000 EA ACCIDENT 30.00 30.00 30.00

J UNINSURED MOTORIST BI $50,000 EA PERSON

$100,000 EA ACCIDENT 131.00 INCL INCL

PD $25,000 EA ACCIDENT INCL INCL INCL

D COMPREHENSIVE $250 DEDUCTIBLE EA ACCIDENT 315.00

E COLLISION $250 DEDUCTIBLE EA ACCIDENT INCL

I TOWING AND LABOR 3.00

TOTAL BY UNIT 320.00 522.00 146.00

TOTAL TERM PREMIUM 988.00

Except for the term “INCL,” this coverage/premium matrix is reasonably self-explanatory. The terms “BI” and “PD” mean, of course, bodily injury and property damage, respectively. The figures next to the word “UNIT” refer to vehicles identified on the declarations page — a 1961 Ford F-100 (Unit 1), a 1988 Ford Aerostar (Unit 2), and a 1974 Toyota Corona (Unit 3).

The language setting out the basic insuring agreement in the printed insurance policy closely followed the language on the declarations page; it provided: ‘We will insure you for the coverages and Limits of Liability for which a premium is shown in the Declarations of the policy.” The uninsured motorist endorsement contained a “Limits of Liability” provision, stating:

The company’s limit of bodily injury liability for all damages, including damages for care and loss of services, arising out of bodily injury sustained by one person in any one accident shall not exceed the amount specified by the financial responsibility law of New Mexico for bodily injury to one person in any one accident.

Rachelle was injured in an automobile accident on May 27, 1990, while riding in a friend’s car (not, it should be noted, in any of the three vehicles covered by the Windsor policy). Her injuries included a crushed skull and damage to her brain, neck, and back. She settled with the other party’s liability insurance carrier for that carrier’s policy limits of $25,000, an amount that was significantly less than her total damages. Asserting that she was covered by three underinsured motorist coverages under the Windsor policy, 2 she submitted a claim to Windsor requesting payment of the combined policy limits on the three coverages claimed (a total of $150,000). Windsor paid Rachelle the $50,000 bodily injury limit for one uninsured motorist coverage, minus an offset for the recovery obtained from the other party, 3 but denied the stacking request.

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Cite This Page — Counsel Stack

Bluebook (online)
879 P.2d 759, 118 N.M. 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-windsor-insurance-nm-1994.