Palacio v. Blanco-Borrego
Nov 04, 2015OUTCOME: For Plaintiff
Wrongful death claim and subsequent trial for determination of wrongful death proceeds.
Matthew Joseph O'Neill's Legal Cases (3)
Albuquerque, NM
Car accident Lawyer at Albuquerque, NM
Practice Areas: Car Accidents, Motorcycle Accident ... +3 more
Farmers v. Sandoval
Apr 04, 2011OUTCOME: For Whitener Law Firm Client
Thomas Allison was lead counsel for Whitener Law Firm in Farmer's Ins. Co. of Arizona v. Sandoval, 253 P.3d 944 (N.M. Ct. App. 2011). Mr. Allison successfully argued the case before the Court of Appea ... ls after years of litigation. After hearing arguments, the New Mexico Court of Appeals reversed the erroneous judgment of the Second Judicial District Court and found for Plaintiffs. The decision was more than a legal decision to push the law in the right direction. It was also a real world victory for Whitener Law Firm's clients Christine Sandoval and Melissa Carter who were being treated unfairly by their own insurance company. The issue presented was whether an insurer is entitled to offset an injured insured's award of underinsured motorist benefits by a tortfeasor's liability policy limits when the insured receives an amount less than policy limits due to a contractual exclusion for punitive damages. After listening to arguments presented by Mr. Allison and the attorney for Farmers Insurance Company of Arizona, the Court of Appeals found that given the remedial purpose of NMSA 1978, Section 66-5-301 (1983), an insurer's offset is limited to the amount of money actually received by the insured from the tortfeasor and not the amount of the liability policy limits.
STATE of New Mexico, Plaintiff-Appellee, v. Shawn MONTELEONE, Defendant-Appellant.
Jan 01, 2004OUTCOME: Favorable to client
Matt O'Neill handled the trial court case and suppression motion that eventually let to the dismissal of the serious felony charges made against Defendant. The central issue on appeal was the suppress ... ion motion that was denied by the trial court and appealed by counsel Matt O'Neill.
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