Slack v. Robinson

2003 NMCA 083, 71 P.3d 514, 134 N.M. 6
CourtNew Mexico Court of Appeals
DecidedJune 11, 2003
Docket23,189
StatusPublished
Cited by13 cases

This text of 2003 NMCA 083 (Slack v. Robinson) 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
Slack v. Robinson, 2003 NMCA 083, 71 P.3d 514, 134 N.M. 6 (N.M. Ct. App. 2003).

Opinion

OPINION

SUTIN, Judge.

{1} Plaintiffs appeal summary judgments favoring two insurers and holding that liability coverages on each of two specifically listed insured vehicles did not both apply to loss that occurred when the insured was operating a non-owned vehicle. We affirm. BACKGROUND

{2} James Robinson was driving a rental vehicle at the time of the accident. Jimmie Robinson and Lucille Grier were passengers in that vehicle. Jimmie Robinson was killed. Lucille Grier was injured.

{3} Plaintiffs are Linda Ann Slack, Jacqueline Denise Wilson, and James Douglas Robinson, as co-personal representatives of the Estate of Jimmie L. Robinson, deceased, and Lucille Grier (collectively, Plaintiffs). Plaintiffs sued James Robinson (the Insured), who was a named insured under vehicle liability policies issued by Hartford Insurance Company of the Midwest (Hartford) and Colonial Penn Franklin Insurance Company (Colonial). Plaintiffs also sued Hartford and Colonial, whose policies overlapped in coverage because the accident occurred during a transition period as James Robinson was obtaining new insurance coverage. At times, we refer to Hartford and Colonial together in this opinion as “the Insurers.” Although not involved in this appeal, Plaintiffs also sued the insurer of the non-owned, rental vehicle occupied by Plaintiffs, National Casualty Company.

{4} The Hartford and Colonial policies each specifically listed the same two vehicles owned by the Insured. Separate premiums were required for two separate liability coverages in each policy, each with liability limits of $100,000 per person and $300,000 per accident. Each policy also provided liability coverage for the Insured while using a non-owned vehicle.

{5} In their action, Plaintiffs contended that each policy provided $100,000/$300,000 liability coverage on each of the two listed vehicles. Thus, according to Plaintiffs, when the Insured was driving the non-owned vehicle, the liability coverage should total $400, 000/$l,200,000 when all applicable coverages of each policy were combined. Plaintiffs also asserted violations of the Mandatory Financial Responsibility Act, NMSA 1978, §§ 66-5-201 to -239 (1978, as amended through 2001) (MFRA), and the New Mexico Insurance Code, NMSA 1978, § 59A-16-24(A) (1984).

{6} The district court granted summary judgments in favor of Hartford and Colonial. We granted Plaintiffs’ interlocutory appeal. No material facts are in dispute. DISCUSSION

I. The Policies’ Liability Coverages

A. Standard of Review

{7} Where an appellant does not assert the existence of a genuine issue of material fact precluding summary judgment, but rather agrees that the facts are undisputed, “our task is to determine whether the district court correctly applied the law to the facts.” Gonzales v. Allstate Ins. Co., 122 N.M. 137, 139, 921 P.2d 944, 946. “To the extent our review involves ... the application of law to undisputed facts, the review is de novo.” Grogan v. N.M. Taxation & Revenue Dep’t, 2003-NMCA-033, ¶ 10, 133 N.M. 354, 62 P.3d 1236; Barncastle v. Am. Nat’l Prop. & Cas. Cos., 2000-NMCA-095, ¶ 5, 129 N.M. 672, 11 P.3d 1234.

The obligation of an insurer is a matter of contract law and must be determined by the terms of the insurance policy. An insurance contract should be construed as a complete and harmonious instrument designed to accomplish a reasonable end. Unambiguous insurance contracts must be construed in their usual and ordinary-sense. A clause is ambiguous if it is reasonably and fairly susceptible of different constructions.

Miller v. Triad Adoption & Counseling Servs., Inc., 2003-NMCA-055, ¶ 8, 133 N.M. 544, 65 P.3d 1099 (internal quotation marks and citations omitted). The insurance contract will be construed as a whole. Rummel v. St. Paul Surplus Lines Ins. Co., 1997-NMSC-042, ¶ 10, 123 N.M. 767, 945 P.2d 985.

Rules of Construction

B. The Language in the Policies

1. The Colonial Policy

{9} The declarations page of the Colonial policy states:

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Cite This Page — Counsel Stack

Bluebook (online)
2003 NMCA 083, 71 P.3d 514, 134 N.M. 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slack-v-robinson-nmctapp-2003.