holding that household exclusions in automobile liability insurance policies violate the public policy of New Mexico
How later courts described this case
- holding that household exclusions in automobile liability insurance policies violate the public policy of New Mexico
- declaring household exclusion void and imposing liability to the policy limits
- suggesting that in consumer insurance transactions “to say there is freedom of contract ‘is to ignore reality5 ’’
- disagreeing with the Tenth Circuit’s holding in Farmers Alliance Mut. Ins. Co. v. Bakke, 619 F.2d 885 (10th Cir.1980)
Written by the judges who cited it.
The opinion
RIORDAN, Justice (dissenting).
I dissent. I believe that the majority is in error in relying on NMSA 1978, Section 66-5-230(B)(2), in support of their position. In my view, that provision is directed at other persons “using” the insured vehicle as the driver, not as a passenger. I agree with Justice Stowers’ analysis on the other issues