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ARTICLE · 28 MAY 2021

Sanchez v. Essentia Ins. Co. (New Mexico)

In order for a selection or rejection of UM/UIM coverage in New Mexico to be valid, the following requirements must be met:

United StatesInsurance

(May 2021) -  History: In order for a selection or rejection of UM/UIM coverage in New Mexico to be valid, the following requirements must be met:

  1. the insurer must offer the insured UM/UIM coverage equal to his or her liability limits;
  2. inform the insured about premium costs corresponding to the available levels of coverage;
  3. obtain a written rejection of UM/UIM coverage equal to the liability limits; and
  4. incorporate that rejection into the policy in a way that affords the insured a fair opportunity to reconsider the decision to reject.

Jordan v Allstate, 2010-NMSC-051 ¶¶ 22, 30. In Jordan, the New Mexico Supreme Court held that "by including premium prices for each available UM/UIM coverage level, insurance carriers meaningfully enable consumers to make a knowing and intelligent purchase or rejection of UM/UIM coverage." Id. ¶ 24.

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