Auto Insurer’s Motion To Dismiss Stayed Pending New Mexico High Court’s Answer

Mealey's (November 22, 2019, 1:41 PM EST) -- ALBUQUERQUE, N.M. — A New Mexico federal judge on Nov. 19 stayed an auto insurer’s motion to dismiss an insured’s breach of contract and bad faith claims after determining that a stay is warranted until the New Mexico Supreme Court answers a certified question on whether an auto policy that offers only minimum uninsured/underinsured motorist (UM/UIM) limits of $25,000 per person/$50,000 per accident can be considered illusory for an insured who sustains more than $25,000 in damages (Yvonne Apodaca v. Young America Insurance Co., et al., No. 18-399, D. N.M., 2019 U.S. Dist. LEXIS 201346)....