(Download) "Padilla V. Dairyland Insurance Co." by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Padilla V. Dairyland Insurance Co.
- Author : New Mexico Supreme Court
- Release Date : January 26, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Dairyland conceded it owed Henry Padilla $25,000 under the liability coverage, but denied that it owed him anything under the uninsured/underinsured motorist coverage. The Padillas filed suit, seeking to stack the benefits under the uninsured/underinsured motorist coverage for all three cars, arguing that the negligent driver, Florence, was underinsured. The trial court agreed with the Padillas. It permitted them to stack their coverage, deducted $25,000 for the liability payment Dairyland had already made, and awarded the Padillas $50,000. On appeal, Dairyland argues that the trial court in effect used the uninsured/underinsured motorist provisions of the policy to increase the liability limit on the accident vehicle to $75,000, thereby ignoring the contract entered into between the parties. Dairyland also points to an exclusion in the policy which reads as follows: "A motor vehicle owned by [Mr. Padilla] or furnished for [Mr. Padilla's] regular use isn't an uninsured motor vehicle [under the policy]."
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