Allstate Fire and Casualty Insurance Company v. Trissell et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ALLSTATE FIRE and CASUALTY
BERNIE and MICHAEL TRISSELL,
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
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
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
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
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