(Limitations On Insured's Recovery of Punitive Damages
Under UM/UIM Policies For Different Types of Losses)
(October 2019) - In Fred Loya Ins.
Co. v. Swiech, 2018-NMCA-022, 413 P.3d 530, the New Mexico
Court of Appeals addressed the issue of whether New Mexico's
UM/UIM motorist statute § 66-5-31 NMSA required the insurer
Fred Loya Insurance Company ("Loya") to pay punitive
damages from the bodily injury coverage limits of insured Thomas
Swiech's ("Swiech") UM/UIM insurance policy where
Swiech suffered only property damages.
Swiech was asleep in his apartment when an uninsured motorist,
fleeing from police, struck Swiech's unoccupied 2001 Chevrolet
Suburban. The Suburban was disabled but no one – including
Swiech – sustained any bodily injuries. Swiech incurred
$3,566.24 in property damage to his Suburban and sought UM/UIM
property damage coverage from Loya. Swiech's insurance policy
with Loya provided UM/UIM coverage limits of $25,000 per person,
$50,000 per
