Samora v. State Farm Mutual Automobile Insurance Co‪.‬

Opinion MINZNER, Justice. Defendant-Appellant, State Farm Mutual Automobile Insurance Company (State Farm), appeals an order of summary judgment entered in favor of Plaintiff-Appellee, Tony R. Samora (Samora). We address the question not answered in Mountain States Mutual Casualty Co. v. Martinez , 115 N.M. 141, 144, 848 P.2d 527, 530 (1993) (Ransom, J., specially Concurring); that is, whether an injured passenger's ""Class I"" coverage is reduced by a liability payment made by a ""Class II"" insurer when the same liability payment also reduced the ""Class II"" insurer's coverage for the same injured passenger. For the reasons discussed below, we reverse and remand to the trial court for entry of summary judgment in favor of State Farm.