Allstate Fire and Casualty Insurance Company v. Trissell et al

Filing 25

DECLARATORY JUDGMENT in favor of Plaintiff/Counter-Defendant Allstate against Defendants/Counter-Plaintiffs Bernie and Michael Trissell; the Trissells counterclaims are dismissed with prejudice and Allstate shall recover its costs, by Circuit Judge Paul Kelly, Jr. (rt)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ALLSTATE FIRE and CASUALTY INSURANCE COMPANY, Plaintiff/Counter-Defendant No. 1:17-cv-00362 PJK/GBW vs. BERNIE and MICHAEL TRISSELL, Defendants/Counter-Plaintiffs. JUDGMENT THIS MATTER came on for consideration by the court on cross-motions for summary judgment and the court having made its decision (ECF No. 24): IT IS ORDERED, ADJUDGED, and DECREED that the rights of the parties are as follows: 1. Plaintiff/Counter-Defendant Allstate issued an automobile policy to Defendants/Counter-Plaintiffs Bernie and Michael Trissell. 2. Allstate properly offered uninsured/underinsured (UM/UIM) coverage to the Trissells, including stacked coverage. Allstate obtained a valid rejection of stacked coverage from the Trissells. 3. The Trissells selected non-stacked coverage, and their selection was valid under New Mexico law. 4. The Trissells are bound by their selection and not entitled to a reformation of the policy to provide stacked UM/UIM coverage of $75,000 per person and $150,000 per accident. 5. The policy provides only non-stacked UM/UIM coverage of $25,000 per person and $50,000 per accident; 6. Allstate has not acted in bad faith nor breached the contract in so interpreting the policy. 7. Given the above, the Trissells’ counterclaims for breach of contract, violations of the New Mexico Unfair Practices Act, insurance bad faith, and claims for punitive damages are not viable and the Trissells shall take nothing on them and the counterclaims in their entirety are dismissed with prejudice. 8. Plaintiff/Counter-Defendant Allstate shall recover its costs. DATED this 5th day of December 2017, at Santa Fe, New Mexico. /s/Paul Kelly, Jr. United States Circuit Judge Sitting by Designation -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?