 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Liberty Mutual Insurance Co. v. Warren1/31/1995
HARTZ, Judge.
Liberty Mutual Insurance Company and James Stagner (Plaintiffs) appeal from a judgment dismissing their claims on the ground that their complaint was not timely filed. Liberty Mutual argues that the applicable limitation period for its claim is the six-year period for contract claims, NMSA 1978, § 37-1-3 (Repl. Pamp. 1990), rather than the three-year period for personal injury claims, NMSA 1978, § 37-1-8 (Repl. Pamp. 1990), because its claim is based upon its subrogation rights under an uninsured-motorist insurance policy. Plaintiffs' joint brief on appeal presents no argument in support of Stagner's individual claim; therefore, we deem Stagner's appeal to be abandoned. See . We affirm.
Because the district court dismissed the cause on the pleadings, we accept the allegations of the complaint as true. See . The complaint alleged that Jesse Warren negligently caused an automobile accident on May 11, 1990. Liberty Mutual paid for property damages and uninsured-motorist benefits, except for a deductible paid by Stagner. Richard Warren, the owner of the vehicle driven by Jesse, was alleged to be vicariously liable. The complaint was filed on November 29, 1993. According to Plaintiffs' brief on appeal, on February 11, 1992 Daniel Stagner, who suffered bodily injury in the accident, demanded arbitration pursuant to an uninsured-motorist policy issued by Liberty Mutual, and his claim was settled in March 1992.
Liberty Mutual makes a two-step argument. First, it contends that the limitation period for claims against the insurance carrier under an uninsured-motorist policy is the six-year limitation period for suits upon contracts. Second, it contends that if an insurance carrier has paid its insured under an uninsured-motorist policy and is thereby subrogated to its insured's cause of action against the uninsured motorist, then the limitation period for contracts also applies to its claim against the uninsured motorist.
There is a great deal of support for the first step in Liberty Mutual's argument. The general view among jurisdictions that have considered the issue is that, absent a specific statute governing claims under an uninsured-motorist policy, the applicable statute of limitations is the one governing suits on a contract. See A.S. Klein, Annotation, Automobile Insurance: Time Limitations as to Claims Based on Uninsured Motorist Clause, 28 A.L.R.3d 580, 582-83 (1969).
Yet, we need not decide that issue. The limitation period for an action on an uninsured-motorist policy does not govern a subrogation claim by the insurance carrier against the uninsured motorist.
In ), cert. denied, 89 N.M. 5, 546 P.2d 70(1976), we wrote: " ll defenses available against [the insured] are available against the insurance company, when the insurance company attempts to subrogate [the insured's] claim." One such defense is that the limitation period has expired. In discussing the time limitation for a reimbursement claim under the New Mexico Workers' Compensation statute, ), noted the following majority rule:
ourts generally have adhered to the view that the statute of limitations begins to run on a subrogated insurer's action against a third-party tortfeasor at the same time that the statute of limitations would begin to run on an action by the insured, or his personal representative in the event of the death of the insured . . . . A rationale . . . that a subrogated insurer stands in the shoes of its insured, taking no rights other than those that the insured had, and at the same time being subject to all defenses which the third-party tortfeasor might assert against the insured.
Page 1 2 3 New Mexico Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|