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SALAS v. MOUNTAIN STATES MUT. CAS. CO.

No. 30,735.

202 P.3d 801 (2009)

2009-NMSC-005

Mary SALAS, Plaintiff-Respondent, v. MOUNTAIN STATES MUTUAL CASUALTY COMPANY, Defendant-Petitioner.

Supreme Court of New Mexico.

February 4, 2009.

Attorney(s) appearing for the Case

Atwood, Malone, Turner & Sabin, P.A., Cord D. Borner, Robert E. Sabin, Roswell, NM, for Petitioner.

Bryant, Schneider-Cook Law Firm, P.A., Angie Schneider-Cook, Daniel A. Bryant, Ruidoso, NM, for Respondent.

OPINION

MAES, Justice.

{1} The dispositive issue in this appeal is whether an insurer may deny or limit insurance coverage to a known class-two insured in reliance on an undisclosed consent-to-settle exclusionary provision. We conclude that Mountain States Mutual Casualty Company (Defendant) had actual knowledge that Mary Salas (Plaintiff) was a class-two insured who had suffered a compensable injury...

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