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Little v. Gill6/16/2003
ortfeasor. Martinez, 2002-NMSC-015, 26, 28. It did so by adopting the procedure established in Safeco Insurance Co. v. United States Fidelity & Guaranty Co., 101 N.M. 148, 679 P.2d 816 (1984), for bifurcation of claims against subrogated insurers to claims against a defendant's liability insured in the Raskob context. However, the bifurcation procedure required by Martinez does not imply that a claim lies against the insurance company in the absence of the insured. The procedure adopted from Safeco Insurance Co. required the injured party to first recover damages from the person causing such damages before the second part of the bifurcated proceeding would be held. Martinez, 2002-NMSC-015, 18. Without Gill as a party, the first part of the bifurcated proceeding adopted by Martinez could not take place.
Nor do we believe that the district court abused its discretion by failing to otherwise consider Little's interests or Little's lack of remedy as required by Rule 1-019(B). Little could have avoided the circumstances by moving to substitute for Gill when she had the opportunity under the Rules of Civil Procedure. The procedural difficulties in this case are of her making. The court did not abuse its discretion by not rectifying them.
Conclusion
Raskob does not extend to allow an action against an insurance company without its insured. The district court did not abuse its discretion in dismissing the claims against National General because the claims depended upon a judgment against Gill, who could no longer be a part of the litigation. We affirm the district court's dismissal of the claims.
IT IS SO ORDERED.
JAMES J. WECHSLER, Chief Judge
WE CONCUR:
CYNTHIA A. FRY, Judge
RODERICK T. KENNEDY, Judge
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