(Download) "Raskob v. Sanchez" by New Mexico Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Raskob v. Sanchez
- Author : New Mexico Supreme Court
- Release Date : January 23, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
CERTIFICATION FROM THE NEW MEXICO COURT OF APPEALS Robert H. Scott, District Judge OPINION {1} Plaintiff-Appellant Elizabeth Raskob sued Defendant Gabriel Sanchez for injuries sustained in an automobile collision in 1992, joining Allstate Insurance Company, his liability insurer, as a defendant. The trial court dismissed Allstate as an improper party to the lawsuit. Plaintiff appeals, arguing that she has a direct claim against the defendant's insurer under New Mexico's Mandatory Financial Responsibility Act, NMSA 1978, §§ 66-5-201 to -239 (1978, as amended through 1991, prior to 1998 amendments) and our decision in England v. New Mexico State Highway Commission, 91 N.M. 406, 575 P.2d 96 (1978). We accepted certification of this question from the Court of Appeals. We hold that the insurer was a proper defendant under the circumstances of this case, and therefore reverse. Discussion {2} Central to this case is the legal effect of the New Mexico Mandatory Financial Responsibility Act. The Act requires owners and operators of motor vehicles to either insure against liability with a minimum policy limit of $25,000 for the bodily injury or death of one person, $50,000 for the bodily injury or death of two or more persons, and $10,000 for property damage, or to post a surety bond or cash deposit of $60,000. NMSA 1978, § 66-5-208 (1983). The legislative purpose of the Act is to:
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