State Farm v. Safeco Ins. Co.

The questions certified to the Supreme Court by the Court of Appeals pursuant to NMSA 1978, Section 34-5-14(C) (1972), required the Court to determine whether the primary or the secondary underinsured motorist (UIM) insurer, if either, should be given the statutory offset for the tortfeasor’s liability coverage. "[T]he short answer to the certified question is that neither the primary nor the secondary insurers are directly awarded the offset because under existing case law, the offset is applied before any UIM insurer is required to pay UIM benefits." View "State Farm v. Safeco Ins. Co." on Justia Law