Successful Reformation of Uninsured Motorist Auto Policy
N/AOUTCOME: $425,000.00 settlement for my client's family.
Case involved the fatality of a 70-year old woman--a beloved mother, grandmother, and wife--when she was struck by a driver who was drag racing. I represented her Wrongful Death Estate under the New M ... exico Wrongful Death Act (NMSA 41-2-1 et seq). The drag racing driver had only a state-mandated minimal insurance policy ($25,000.00), which was not sufficient to compensate the Estate for the loss of my client's life. I analyzed my client's own underinsured motorist policy as an additional source of recovery and discovered that prior to my client's death, she had signed a form rejecting underinsured motorist coverage on her auto policy. I successfully fought her insurance company on the basis that the forms my client had signed were not legally proper--and won an additional $400,000.00 for my client's family.
