Romero v. Progressive Northwestern Insurance

2010 NMCA 024, 230 P.3d 844, 148 N.M. 97
CourtNew Mexico Court of Appeals
DecidedOctober 26, 2009
Docket28,720; 32,065
StatusPublished
Cited by17 cases

This text of 2010 NMCA 024 (Romero v. Progressive Northwestern Insurance) 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
Romero v. Progressive Northwestern Insurance, 2010 NMCA 024, 230 P.3d 844, 148 N.M. 97 (N.M. Ct. App. 2009).

Opinion

OPINION

VANZI, Judge.

{1} Progressive Northwestern Insurance Company (Progressive) appeals the district court’s grant of summary judgment in favor of the Appellees, Donald Romero and Theresa Romero (the Romeros). Progressive contends that the district court erred when it held that the Romeros’ purchase of uninsured motorist coverage in amounts lower than the liability limits of their policy was a rejection of uninsured motorist coverage.

{2} The district court concluded that New Mexico law requires insurers to offer uninsured motorist (UM) and/or underinsured motorist (UIM) coverage up to the liability limits in an automobile insurance policy; that the Romeros’ selection of a lesser amount of UM/UIM coverage constituted a rejection of UM/UIM coverage equal to the difference between the two types of coverage (UM/UIM and liability); and because Progressive failed to obtain a valid written rejection of that coverage, UM/UIM coverage equal to the liability limits of the Romeros’ policy will be read into the policy. We affirm.

BACKGROUND

{3} The facts of this case are not in dispute. Progressive issued a business automobile insurance policy (the Policy) to Donald Romero as sole proprietor of AllTech Electric. The Policy contained single liability limits of $100,000 each accident and UM/ UIM limits of $50,000 per person and $100,000 per accident. The Policy period at issue was from October 18, 2005, through October 18, 2006. Three vehicles were insured under the Policy. The Romeros received a copy of the Policy which contained a standard declarations page listing the amount of liability and UM/UIM coverage. The Policy did not contain a rejection of any amount of UM/UIM coverage.

{4} On September 23, 2006, Mr. Romero was involved in an accident caused by the negligence of an uninsured motorist. The Romeros made a demand against the Policy for UM/UIM coverage in the amount of $300,000, which represented UM/UIM coverage at the liability limits of the Policy; that is, $100,000 stacked for each of the three vehicles covered under the Policy. Progressive tendered, and the Romeros accepted, UM coverage of $150,000. This sum represented the undisputed UM benefits due under the Policy, which was $50,000 UM/UIM per person, stacked for the three insured vehicles.

{5} The Romeros subsequently brought suit in district court seeking declaratory relief. The Romeros’ complaint asked the court to declare that they had not made a written rejection of UM coverage equal to their liability limits and that the maximum total UM coverage limits available to them under the Policy was $300,000 per person. Progressive filed a motion to dismiss the complaint, which was denied by the district court. The parties subsequently filed cross motions for summary judgment.

{6} The district court granted the Romeros’ motion for summary judgment and denied Progressive’s motion for summary judgment. Progressive filed a timely appeal of that ruling.

{7} In its appeal, Progressive argues that under New Mexico law, it is only required to offer UM/UIM coverage equal to the minimum liability coverage required by law; that the Romeros’ choice to purchase UM/UIM coverage in an amount less than the liability limits of the Policy was not a rejection of UM/UIM coverage; and that the declaration page of the Policy provided sufficient information regarding coverage to meet New Mexico’s regulatory requirements. Progressive also argues that because an insurance policy is a contract, it should be interpreted under the law of contracts. Finally, Progressive argues that even if it was required to offer UM/UIM coverage up to the liability limits of the Policy, there was no harm because it has already paid benefits to the Romeros in excess of the liability limits of the Policy.

DISCUSSION

Standard of Review

{8} “Summary judgment is appropriate where there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law.” Self v. United Parcel Serv., Inc., 1998-NMSC-046, ¶ 6, 126 N.M. 396, 970 P.2d 582. “An appeal from the grant of a motion for summary judgment presents a question of law and is reviewed de novo.” Montgomery v. Lomos Altos, Inc., 2007-NMSC-002, ¶ 16, 141 N.M. 21, 150 P.3d 971 (2006). “All reasonable inferences are construed in favor of the non-moving party.” Id. (internal quotation marks and citation omitted). “The meaning of language used in a statute is a question of law that we review de novo.” Cooper v. Chevron U.S.A., Inc., 2002-NMSC-020, ¶ 16, 132 N.M. 382, 49 P.3d 61.

Analysis

{9} UM/UIM insurance coverage in New Mexico is regulated by the uninsured motorist statute contained in NMSA 1978, Section 66-5-301 (1983). Our Supreme Court has interpreted this statute to require insurers to offer UM/UIM coverage to their insureds, and if the insured rejects such coverage, to attach a written rejection of UM/UIM coverage to the policy. See Romero v. Dairyland Ins. Co., 111 N.M. 154, 159, 803 P.2d 243, 248 (1990); see also Kaiser v. DeCarrera, 1996— NMSC-050, ¶ 8, 122 N.M. 221, 923 P.2d 588 (holding that rejection must be made a part of the policy). The Court has further stated that where a rejection is not made part of the policy, UM/UIM coverage will be read into the policy. See Romero, 111 N.M. at 155, 803 P.2d at 244.

{10} This case presents two questions of first impression in New Mexico: (1) whether New Mexico law requires insurers to affirmatively offer UM/UIM coverage equal to the amount of liability coverage in an automobile insurance policy; and (2) whether the purchase of a lesser amount of UM/UIM coverage by an insured constitutes a rejection of UM/UIM coverage. To answer these questions, we examine the statute, associated regulations, and New Mexico case law. We address each of Progressive’s arguments in turn.

New Mexico Law Requires That Insurers Offer UM/UIM Coverage up to the Amount of Liability Coverage

{11} Progressive argues that the following language in New Mexico’s UM/UIM statute requires the insurer to offer UM/ UIM coverage equal to the minimum liability limits set out in NMSA 1978, Section 66-5-215 (1983) and permits the insured to request more UM/UIM coverage up to the amount of the insured’s liability limits on the policy.

{12} Section 66-5-301(A) provides as follows:

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Bluebook (online)
2010 NMCA 024, 230 P.3d 844, 148 N.M. 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romero-v-progressive-northwestern-insurance-nmctapp-2009.