Lead Opinion
OPINION
{1} This case presents us with the limited question of whether our Supreme Court’s decision in Jordan v. Allstate Insurance Co.,
I. BACKGROUND
{2} We take the relevant facts from the allegations of the complaint filed by Lonnie Curry and Mildred Curry (Plaintiffs) for themselves and on behalf of others similarly situated. We accept these facts as true for purposes of reviewing a motion to dismiss. Padilla v. Wall Colmonoy Corp.,
{3} In September 2009, Plaintiffs were involved in a serious motor vehicle accident. Plaintiffs’ vehicle was covered by a standard insurance policy with Great Northwest Insurance Company (Defendant)
{4} Plaintiffs filed suit alleging that the UM/UIM coverage rejection form Defendant relied upon in denying their uninsured motorist claim was invalid under Jordan because it did not contain a list of premium charges corresponding to the available UM/UIM coverage options. Plaintiffs also asserted that because the UM/UIM coverage rejection form was invalid, their policy should be reformed as a matter of law by providing UM/UIM coverage equal to their limits of liability.
{5} In response to Plaintiffs’ suit, Defendants moved for dismissal claiming that Plaintiffs misconstrued Jordan and as a result failed to state a claim upon which relief could be granted. Defendants argued that Jordan requires insurers to provide UM/UIM coverage options and corresponding premium information, but that it does not require that the information also appear directly on the written rejection of UM/UIM coverage.
{6} The claims in Plaintiffs’ complaint are limited to the rejection form. Aside from the rejection form issue, none of the parties raised an issue of whether the UM/UIM coverage and corresponding premiums were provided in writing when the insurance policy was being considered. Therefore, we limit our decision to the issue of whether New Mexico law requires that an insurer provide available UM/UIM coverage options and corresponding premium information on the written rejection form delivered with the insurance policy to the insured.
{7} After hearing the parties’ arguments, the district court denied Defendants’ motion to dismiss. In its order, the court found that although Jordan did not directly address the issue of whether a valid waiver or rejection of UM/UIM coverage requires that the insured be provided a written list of coverage options and corresponding premium charges on the rejection form itself, an argument could be made that Jordan created such a requirement. The court therefore certified this specific question for interlocutory appeal. This Court granted the request for an interlocutory appeal pursuant to NMSA 1978, Section 39-3-4 (1999) and Rule 12-203(A) NMRA.
{8} Although we are not confined to the particular questions the district court certified for this interlocutory appeal, the scope of our review must be limited to the issues fairly contained in the order. Pena Blanca P‘ship v. San Jose de Hernandez Cmty. Ditch,
II. DISCUSSION
A. Standard of Review
{9} The decision of the district court to deny Defendants’ Rule 1-012(B)(6) motion is a question of law that we review de novo. Valles v. Silverman,
B. UM/UIM Rejections in New Mexico
{10} NMSA 1978, Section 66-5-301 (1983) and its implementing regulation, now codified as 13.12.3.9 NMAC (5/14/2004), govern UM/UIM insurance coverage in New Mexico. Jordan,
{11} Section 66-5-301 provides insureds the right to reject UM/UIM coverage. It does not specify the form or manner that an effective rejection must take. Romero,
C.Jordan Does Not Require UM/UIM Coverage Options and Corresponding Premium Charges to Be Provided on the Written Rejection Form Itself
{12} In Jordan, the New Mexico Supreme Court recognized that insurers were offering UM/UIM coverage in ways that did not allow insureds to make realistically informed choices.
(1) offer[s] the insirred UM/UIM coverage equal to his or her liability limits, (2) inform[s] the insured about premium costs corresponding to the available levels of coverage, (3) obtain[s] a written rejection of UM/UIM coverage equal to the liability limits, and (4) incorporate^] that rejection into the policy [delivered to the insured] in a way that affords the insured a fair opportunity to reconsider the decision to reject[.]
Id. ¶¶ 22, 30.
{13} Plaintiffs argue that when read together, the requirement that insurers provide coverage and premium information and the requirement that rejections be in writing, create an implicit requirement that the coverage and premium information be provided on the written rejection form itself. We disagree.
{14} In Jordan, the. Court explained to effectuate New Mexico’s public policy of protecting insureds, an insured’s decision to reject UM/UIM coverage must be knowing and intelligent. Id. ¶ 20. To ensure that rejections are knowingly and intelligently made, insurers must offer UM/UIM coverage in a meaningful way and obtain any rejections of the statutorily authorized coverage in writing. Id. ¶ 18. Offering UM/UIM coverage in a meaningful way includes providing the insured with a menu of coverage options and corresponding premium costs. Id. ¶ 21. Providing this information and obtaining written rejections enables the insured to make an informed decision about the level of UM/UIM coverage he or she wants to purchase and minimizes uncertainty (and litigation) with regard to the coverage that the insured has obtained. Id.; see also Romero,
{15} The Jordan Court’s discussion is articulated in terms of information made available to the prospective insured prior to purchasing liability and UM/UIM coverage. In setting out the workable requirements for valid, meaningful rejections of UM/UIM coverage, Jordan used the term “provide” when discussing coverage and premium information. Jordan,
{16} The cases leading up to Jordan also address the requisite UM/UIM information issue within the context of purchasing an insurance policy. See Romero,
{17} When discussing the rejection forms, the Jordan Court used the word “written.”
{18} Jordan decided three consolidated cases: Jordan v. Allstate, Romero v. Progressive Northwestern Insurance Co., and Lucero v. Trujillo. Jordan,
1. Jordan v. Allstate
{19} Plaintiffs argue that the facts in Jordan are virtually identical to the facts in the case before us. We disagree. It is necessary to point out in Jordan, the insured was provided with a combination UM/UIM selection/rejection form. While the Jordan Court did not address this particular type of form, it did find that the selection/rejection form included a menu of coverage options from the statutory minimum up to policy liability limits. Id. ¶ 31. However, the Court held that the rejections were insufficient, both because the insurer did not provide the premium costs for each coverage option on this selection/rejection form, and because the rejections were not part of the policies delivered to the insureds. Id. ¶ 32. Plaintiffs argue this holding demonstrates the Court’s intention that written UM/UIM rejection forms include UM/UIM coverage options and premium costs.
{20} We disagree for two reasons. First, in Jordan, the rejections were insufficient as a matter of law because the rejections were not made part of the policies delivered to the insureds. The insurer did not disagree that the forms were not attached to the policies, but instead argued that the signed forms showed that the insureds knowingly and intelligently elected to purchase' the minimum UM/UIM coverage limits. This argument completely ignored the requirements of 13.12.3.9 NMAC. While the declaration pages sent to the insureds listed the amounts of liability and UM/UIM coverages provided by the policies, “the pages did not contain specific references to [the insureds’] rejection of UM/UIM coverage” equal to the policies’ liability limits. Jordan,
2. Romero v. Progressive
{21} In Romero, there was no evidence in the record to show: (1) the insurer offered the insured UM/UIM coverage equal to his liability limits; (2) the insured was informed of UM/UIM coverage costs; or (3) the insured rejected the coverage in writing. Jordan,
3. Lucero v. Trujillo
{22} When applying its UM/UIM coverage rejection requirements to the last of the three consolidated cases, the Lucero Court held thatthe rejection of coverage was invalid. Id. ¶ 34. The list of UM/UIM coverage options and premiums provided in pull-down menus on the insurer’s website were acceptable. Id. The Court went on to say that the provision of price quotations for UM/UIM coverage and premiums on the insurer’s website was not only sufficient to satisfy the requirement, but was a “commendable system of offering meaningful choices to its insureds.” Id. ¶¶ 34, 35. However, the Court concluded that the failure to make the insured’s rejection part of the policy fell short of full compliance with the law. Id. ¶ 35; see 13.12.3.9 NMAC. It reached this conclusion because there was nothing in the plaintiffs application, declaration page, or policy to show she rejected policy limit UM/UIM coverage that would allow her to go back and review her decision. Jordan,
{23} The dissent suggests that the only meaningful way for insureds to review their decision is to have the coverage options and corresponding premiums surrounding their rejection presented to them when the policy is delivered. This suggestion assumes that the listed options and premiums offered, though not selected, will remain the same throughout the duration of the policy. It also assumes that a menu of options and costs on the rejection form is the only means of re-evaluating any decision to obtain UM/UIM coverage in an amount less than one’s liability insurance. In contemplation of purchasing an insurance policy, insureds are provided with a list of options and premiums in order to decide what type of UM/UIM coverage they would like to purchase, if any. Additionally, in this day and age, access to UM/UIM information can be requested from an insurer through its website at any time and at the insureds’ convenience. Traditionally, the insured can always contact the insurance agent from whom they purchased the policy. Notably in Lucero, for our purposes, this required information was provided on the insured’s website and not as part of the rejection form. Also, the Court approved of the insured’s provisions of the required information.
{24} The holdings in Jordan, Romero, and Lucero, read together, make clear that insurers must provide UM/UIM coverage and premium information in a way that allows the insured to make an informed decision about the coverage purchased or rejected, in a knowing and intelligent manner. However, they do not prescribe any one particular way the information must be provided. The Jordan Court intended to require insurers to fully inform their insureds regarding UM/UIM coverage options and corresponding premium costs but it did not set forth the requirement that such information be provided on the written rejection form itself. Therefore, Plaintiffs have failed to state a claim upon which relief may be granted.
D. Rules of Statutory Construction and Rules of Interpretation of Insurance Regulations Are Not Applicable to ■ Interpretation of-Precedent
{25} In interpreting New Mexico’s uninsured motorist statute, Jordan recognized that the New Mexico Supreme Court has consistently interpreted Section 66-5-301 and its implementing regulation, 13.12.3.9 NMAC, liberally, holding that the provision of the maximum possible amount of UM/UIM coverage in every insurance policy is the default rule. Jordan,
{26} Plaintiffs present the argument that this Court should interpret Jordan using the same statutory construction principles Jordan itself used to interpret Section 66-5-301, thereby interpreting the case strictly and in favor of the insured. We are not persuaded.
{27} Statutes are generally applicable and principles of statutory construction exist to enable the application of statutes to specific sets of facts in each case. Key v. Chrysler Motors Corp.,
{28} Plaintiffs do not cite any authority for the proposition that this Court should apply principles of statutory construction to our interpretation of precedent, and we have found none. Where a party cites no authority to support an argument, we may assume no such authority exists. In re Adoption of Doe,
E. Jordan’s Discussion of Montano Does Not Provide Guidance in Our Decision in This Case
{29} Lastly, Plaintiffs argue that Jordan’s discussion of Montano v. Allstate Indemnity Co.,
III. CONCLUSION
{30} We conclude that the Jordan Court intended to require insurers to fully inform insureds regarding available UM/UIM coverage options and corresponding premium costs when purchasing or renewing a policy, but that it did not set forth the requirement that such information be provided on the written rejection form delivered with the purchased policy. We reverse the district court’s denial of Defendants’ motion to dismiss as to that issue, and remand for further proceedings consistent with this Opinion.
{31} IT IS SO ORDERED.
I CONCUR:
Notes
All named Defendants filed the motion to dismiss. The specific issue before this Court is limited to the insurance policy and rejection form issued by the Defendant Great Northwest Insurance Company. Any reference to the singular Defendant shall be to Defendant Great Northwest Insurance Company and any reference to the plural Defendants shall bo to all named Defendants.
Aside from the question certified for interlocutory appeal, Defendants’ motion to dismiss also claimed that (1) the court lacked personal jurisdiction over Dean Chavez, (the adjuster who denied Plaintiffs’ claim and who was named in the complaint individually), and (2) Plaintiffs failed to identify an ascertainable class. Therefore, the district court’s order denying the motion to dismiss was not solely based on the question before this Court in this appeal.
Dissenting Opinion
(dissenting).
{32} I respectfully dissent. In my view, the line of Supreme Court cases addressing the acceptable method of rejecting full UM/UIM coverage, culminating in Jordan, compels the conclusion that information regarding UM/UIM coverages and corresponding premiums must be listed in the policy — not necessarily in the rejection form — provided to the insured. Our Supreme Court in Jordan made it clear that one of the four prerequisites to valid rejection of full UM/UIM coverage is that the insurer “inform the insured about premium costs corresponding to the available levels of coverage.”
{33} I have two primary disagreements with the Majority’s approach in this case. First, I do not agree with the Majority’s conclusion that providing a UM/UIM coverage/premium menu at any time prior to the insured’s rejection of maximum available coverage constitutes compliance with Jordan’s requirements. I think Jordan requires the insurer to provide this menu with the policy at the same time it transmits the insured’s written rejection. Second, I do not agree that we should limit our analysis to the question of whether the coverage/premium menu must be part of the insured’s written rejection form. Under our notice pleading standard, Plaintiffs’ complaint sufficiently alerted Defendant to their claim that the absence of a coverage/premium menu from the delivered policy established an invalid waiver ofUM/UIM coverage.
The Manner in Which UM/UIM Coverages and Premiums Must Be Disclosed
{34} Based on its limited view of Plaintiffs’ complaint, the Majority concludes that Plaintiffs validly rejected UM/UIM coverage equal to the limits of their liability coverage. The question astheMajority frames it is whether the menu ofUM/UIM coverages and corresponding premiums had to be provided in the written form rejecting UM/UIM coverage equal to the policy’s liability coverage. The Majority states that Jordan did not “prescribe any one particular way the information must be provided.” Majority Opinion ¶ 24. And, in its discussion of the Lucero case that was consolidated with Jordan, the Majority appears to determine that pull-down menus on an insurer’s website, which were accessed by the insured prior to her purchase of UM/UIM coverage, “were acceptable.” Majority Opinion ¶ 22. Thus, in the Majority’s view, if an insurer provides a coverage/premium menu at any time prior to the purchase ofUM/UIM coverage, one of the four prerequisites to valid rejection of maximum coverage is satisfied.
{35} My difficulty with the Majority’s view stems from the message I glean from Jordan and the line of UM/UIM cases preceding Jordan. I believe the Supreme Court has made it clear that an insurer must provide an insured the opportunity to reconsider his or her rejection of maximum available UM/UIM coverage after the policy is delivered. The only meaningful way to allow reconsideration is to present the insured with all of the pertinent information surrounding rejection when the policy is delivered, and this includes a list ofUM/UIM coverages and corresponding premiums.
{36} That the coverages and premiums must be provided as part of the policy is apparent from the Court’s discussion in Jordan. The Court consistently referred to the need to “[i]ncorporat[e] the rejection into the policy [in order to] keep[] the insured well-informed about the decision to reject coverage and [to] allow[] the insured to reconsider his or her rejection after further reflection, consultation with other individuals, or after merely having an opportunity to review one’s policy at home.” Jordan,
{37} I am also not persuaded by the Majority’s view that requiring the policy to include UM/UIM coverage and premium options is inconsistent with the Jordan Court’s holdings in the other consolidated cases addressed in Jordan. Majority Opinion ¶ 19. Nothing in the Jordan Court’s discussion about the Romero or Lucero policies contradicts a requirement for including these options in the policy. Instead, the Court simply noted that neither policy satisfied the requirements for a valid rejection for a variety of reasons. In addition, I do not agree that the Court concluded that the pull-down menus in the Lucero situation were “sufficient to satisfy the requirement.” Majority Opinion ¶ 22. The Jordan Court stated that “[djespite [the insurer’s] commendable system of offering meaningful choices to its insureds, full compliance with the requirements of the law was not achieved because the rejection was never made a part of Diana Lucero’s written policy.”
{38} All of this is not to say that the menu of UM/UIM coverages and premiums must be part of the rejection form itself. Instead, I think Jordan tells us that the menu must be provided in the policy along with the rejection form in order to give the insured a chance to reconsider the rejection. This brings me to my second disagreement with the Majority.
The Complaint’s Claims Are Not Limited to Deficiencies in the Rejection Form
{39} I further disagree with the Majority’s conclusion that we should read Plaintiffs’ complaint as asserting only the specific claim that UM/UIM coverage/premium information must be included in the rejection form. Majority Opinion ¶ 6. New Mexico adheres to the principles of notice pleading, which require “only that the plaintiff allege facts sufficient to put the defendant on notice of his claims.” Madrid v. Village of Chama,
A rejection of UM/UIM coverage equal to the liability limits in an automobile insurance policy must be made in writing and must be made part of the insurance policy that is delivered to the insured.... In order to honor these requirements effectively, insurers mustprovide the insured with the premium charges corresponding to each available option for UM/UIM coverage so that the insured can make a knowing and intelligent decision to receive or reject the full amount of coverage to which the insured is statutorily entitled.
While other paragraphs in the complaint contained allegations suggesting that the coverage waiver itself must contain the coverage/premium information, I think the overall thrust of the complaint sufficed to inform Defendant that Plaintiffs claimed they should have been provided this information when they were provided with their rejection form as part of their policy.
{40} In the context of a motion to dismiss for failure to state a claim, our case law does not require a plaintiff in his or her complaint to use specific language or to establish the likelihood of success on the merits. See Madrid,
{41} Plaintiffs’ complaint provided notice that the UM/UIM coverage/premium menu was not provided in a way meaningful to an intelligent rejection of maximum available UM/UMI coverage. One meaningful way to provide the information is to include it in the policy. We do not know if the policy provided this information because the policy is not in the record., and there is nothing else in the record shedding light on the matter. As a result, whether the policy provided this information is a matter for proof introduced in the district court, not a matter for determination in the context of a Rule 1-012(B)(6) motion.
{42} Given my analysis of the holdings in Jordan, Plaintiffs’ complaint states a claim supportable by the law. That claim is that Defendant was required and failed to provide Plaintiffs information on UM/UIM coverages and premiums at the same time that it provided them with the written rejection form in order to establish that Plaintiffs had validly rejected UM/UIM coverage equal to their liability coverage. In my view, the district court erroneously dismissed Plaintiffs’ legally supportable claim, and its judgment should be reversed. If, on remand, Defendant can prove that it provided the coverage/premium menu with the policy and the rejection form, then Defendant should prevail on the merits. Because the Majority disagrees, I respectfully dissent.