FERRELL v. ALLSTATE INSURANCE CO.

No. 26,058.

150 P.3d 1022 (2006)

2007-NMCA-017

Joan FERRELL, Maria C. Cappuzzello, Elizabeth Martinez, and H. Jake Salazar, for themselves and all others similarly situated, Plaintiffs-Appellees, v. ALLSTATE INSURANCE COMPANY and Allstate Indemnity Company, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted January 23, 2007.


Attorney(s) appearing for the Case

Floyd D. Wilson, McCary, Wilson & Pryor, Robert Hanson, Peifer, Hanson & Mullins, David Freedman, Freedman, Boyd, Daniels, Hollander & Goldberg, P.A., John M. Eaves, Alan Konrad, Eaves & Mendenhall P.A., Albuquerque, NM, Timothy G. Blood, Lerach Coughlin Stoia Geller Rudman & Robbins, LLP, San Diego, CA, for Appellees.

Lisa Mann, Jennifer A. Noya, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, Jeffrey Lennard, Mark L. Hanover, Sonnenschein Nath & Rosenthal LLP, Chicago, IL, for Appellants.

Randal W. Roberts, Simone, Roberts & Weiss, P.A., Albuquerque, NM, for Amicus Curiae National Association of Insurance Commissioners.

Ann Maloney Conway, Dylan O'Reilly, Miller Stratvert P.A., Albuquerque, NM, for Amicus Curiae Property Casualty Insurers Association of America.


Certiorari Granted, No. 30,165, January 23, 2007.

OPINION

PICKARD, Judge.

{1} In this case, we review the district court's decision to certify a multistate class action. We determine that the district court erred in concluding that New Mexico law should be applied to all class members. We also determine that the case cannot proceed with the district court applying the laws of the various jurisdictions because, under those circumstances...

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