New Mexico Supreme Court

Thomas Patrick Whelan, Jr., as Personal Representative of the Estate of Thomas Patrick Whelan, Sr., Deceased…

June 16, 20146 N.M. 295

Summary

The New Mexico Supreme Court held that a policy limitation clause that bars uninsured/underinsured motorist (UM/UIM) claims based solely on the accident date is unreasonable and unenforceable, and that the Court’s Jordan reformation rule does not apply retroactively to policies issued before the 2004 Montaño decision.