ARIAS v. PHOENIX INDEM. INS. CO.

No. 28,282.

216 P.3d 264 (2009)

2009-NMCA-100

Carmen ARIAS, Plaintiff/Counter-Defendant-Appellant, v. PHOENIX INDEMNITY INSURANCE COMPANY, Defendant/Counter-Plaintiff-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,864, August 20, 2009.


Attorney(s) appearing for the Case

Richard J. Valle, C.D. Carter, III, Carter Law Firm, P.C., Albuquerque, NM, for Appellant.

Bruce S. McDonald, Law Offices of Bruce S. McDonald, Albuquerque, NM, for Appellee.


OPINION

VIGIL, Judge.

{1} This case presents yet another opportunity to address what constitutes a valid rejection of uninsured/underinsured motorist (UM/UIM) coverage under our Uninsured Motorist Act (UMA), NMSA 1978, §§ 66-5-301 to -303 (1978, as amended through 2003). The insured (Plaintiff) signed a rejection of such coverage as part of her initial application for insurance, and a copy of the application was given to her at that...

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