An insurance policy is essentially just a contract between the insured and the insurance company. The insurance company agrees to provide certain coverage, detailed in the policy, and the insured agrees to pay a stated premium. In some New Mexico car accidents, an insurance company’s obligation to provide coverage is clear. However, in many cases insurance companies dispute coverage.
A recent opinion issued by a state appellate court illustrates the difficulties a plaintiff may encounter when attempting to file a claim with an insurance policy. In that case, the plaintiff was the estate of a man who was killed while mowing his lawn by a motorist that was driving while under the influence. The at-fault driver did not have car insurance.
The employer of the man who was killed in the accident, however, maintained an insurance policy with uninsured motorist (UIM) protection. Thus, in hopes of obtaining compensation for the loss of the decedent’s life, the estate filed a claim with his employer’s insurance policy.