STATE FARM MUT. AUTO. INS. CO. v. JONES

No. 25,507.

135 P.3d 1277 (2006)

2006-NMCA-060

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. Mary Beth JONES, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 25, 2006.


Attorney(s) appearing for the Case

Miller Stratvert, P.A., Rudolph A. Lucero, Todd A. Schwarz, Albuquerque, NM, for Appellee.

Salazar & Sullivan, Patrick W. Sullivan, Albuquerque, NM, William H. Lazar, Tesuque, NM, for Appellant.


Certiorari Denied, No. 29,779 and No. 29,781, May 25, 2006.

OPINION

BUSTAMANTE, Chief Judge.

{1} This case presents an opportunity to clarify how an insurer may claim an offset against its underinsured motorist coverage when a third party pays a portion of a victim's damages. We conclude that in such a case, any statutory offset will be determined by the insurer's status as either the primary or a secondary insurer. We also conclude that any contractual...

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