{1} The plaintiff insureds (Plaintiffs) in these three consolidated cases were issued uninsured/underinsured motorist (UM/UIM) coverage in amounts less than the liability coverage provided by their automobile insurance policies. See Progressive Nw. Ins. Co. v. Weed Warrior Servs.,
{2} We affirm the Court of Appeals and hold that 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 a part of the insurance policy that is delivered to the insured. In order to honor these requirements effectively, insurers must provide 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. If an insurer fails to obtain a valid rejection, the policy will be reformed to provide UM/UIM coverage equal to the limits of liability.
I. BACKGROUND
{3} We granted writs of certiorari in three eases, Jordan v. Allstate Insurance Co., No. 32,063, Romero v. Progressive Northwestern Insurance Co., No. 32,065, and Lucero v. Trujillo, No. 32,203, and held them in abeyance pending our resolution of Weed Warrior,
{4} Weed Warrior,
a. Jordan v. Allstate Insurance Company
{5} Two sets of insureds, Scott, Tracey, and Rosemary Jordan (the Jordans) and Donald and Theresa Romero (the Romeros)
1
had policies with Allstate Insurance Company that provided liability limits of $100,000 per person and UM/UIM bodily injury coverage of $25,000 per person. During the application process, Scott Jordan and Theresa Romero each signed and dated an Allstate UM/UIM Seleetion/Rejeetion form. The UM/UIM Seleetion/Rejeetion forms provided a list of coverage options ranging from $25,000 per person/$50,000 per accident to $2,000,000 per person/$2,000,000 per accident. The forms signed by Jordan and
{6} Allstate periodically delivered declarations pages to the Jordans and the Romeros that indicated the amounts of liability and UM/UIM coverage provided under the policies. According to the last page of declarations, the Jordans’ and Romeros’ policies consisted of these declarations pages and two forms, each indicated by form number only, that are not included in or described by the record before this Court. The signed UM/ UIM Selection/Rejection forms were not attached to the declarations pages, and the declarations pages did not expressly inform the Jordans and the Romeros that UM/UIM coverage equal to the limits of liability had been rejected.
{7} Allstate also sent the Jordans and the Romeros generic (that is, not policy specific) “Important Notice” forms, instructing the recipients to review their policies’ declarations pages to verify that UM/UIM coverage had been issued as requested. The Important Notice forms explained that policyholders may purchase UM/UIM coverage “equal to, but not greater than, [their] limits for Bodily Injury Liability Insurance and Property Damage Liability Insurance [and] ... at limits less than [their] BI and PD limits, but not less than the minimum limits required by law in New Mexico[,] ... [or they] may reject UM coverage entirely.”
{8} Rosemary Jordan and Donald Romero were injured by umnsured/underinsured motorists in two separate accidents while their Allstate policies were in effect. Allstate paid the Jordans and the Romeros UM/UIM benefits in the amounts specified by their policies.
b. Romero v. Progressive Northwestern Insurance Company
{9} At the time of his accident, Donald Romero, as sole proprietor of AllTech Electric, had a commercial automobile insurance policy with Progressive Northwestern Insurance Company, in addition to his personal Allstate policy. The Progressive policy contained single liability limits of $100,000 and UM/UIM limits of $50,000 per person. Romero attested by affidavit that during the application process he never signed a document rejecting higher limits of UM/UIM coverage and was not told he could obtain UM/ UIM coverage equal to his liability limits. There is no other evidence in the record concerning his application process. The policy Progressive delivered to Romero contained declarations pages listing the amounts of liability and UM/UIM coverage provided by the policy. The policy did not indicate that any amount of UM/UIM coverage had been rejected. After Donald Romero’s accident, Progressive, as Romero’s secondary insurer, paid Romero $50,000 in UM/UIM coverage stacked for each of the three vehicles insured by the policy, for a total of $150,000.
c. Lucero v. Trujillo
{10} Diana Lucero purchased her insurance through Progressive Halcyon Insurance Company’s website. Progressive Halcyon’s website uses customer-entered information to suggest an insurance package, which the customer can alter using “pull-down menus.” In her online application, Diana Lucero clicked on liability limits of $50,000 per person. While Progressive Halcyon’s suggested packages provide default UM/UIM coverage equal to the liability limits, customers can purchase lesser amounts of UM/UIM coverage by using a pull-down menu. Diana Lucero clicked on the minimum amount of UM/UIM coverage available, $25,000 per person.
{11} After purchasing a policy from Progressive Halcyon, Diana Lucero’s selections were listed on declarations pages. Further contract terms were provided in a generic New Mexico Motor Vehicle Policy. Toward the end of the forty-nine-page policy, a short paragraph states that the online application “is made a part of this policy as if attached hereto.” The record does not show whether Diana Lucero printed the declarations pages
{12} Consuelo Lucero, who was covered by the Progressive Halcyon policy, was injured in an accident with an underinsured motorist. Progressive paid Consuelo Lucero $50,000 in UM/UIM benefits, computed by stacking $25,000 for each of three cars, from which the other driver’s $25,000 policy coverage was deducted.
II. DISCUSSION
{13} The insureds in each of these eases brought suit against their insurers in a New Mexico district court, arguing that each insurer failed to obtain a valid rejection of UM/UIM coverage equal to the limits of liability. The Court of Appeals concluded in each case that the insurer failed to obtain a valid rejection and that the policy should be reformed to provide UM/UIM coverage equal to the liability limits. Jordan v. Allstate Ins. Co., No. 28,638, slip. op. at 10,
a. Standard of Review
{14} Our resolution of these cases requires us to interpret Section 66-5-301 and 13.12.3.9 NMAC in order to determine the form and manner that offers and rejections of UM/ UIM coverage must take in light of Weed Warrior,
{15} This Court’s primary goal when interpreting statutes is to further legislative intent. Jolley v. Associated Elec. & Gas Ins. Servs. Ltd.,
b. A Rejection of UM/UIM Coverage Equal to the Liability Limits Must Be Made in Writing and Must Be Meaningfully Incorporated into the Policy Delivered to the Insured.
{16} Section 66-5-301 governs UM/UIM insurance coverage in New Mexico. Subsection A entitles the insured to UM/UIM coverage “in minimum limits ... and such higher limits as may be desired ... up to the limits of liability.” The minimum limits are set forth in the Mandatory Financial Responsibility Act, NMSA 1978, Section 66-5-215
{17} The form and manner of a valid rejection are established by “the rules and regulations promulgated by the superintendent of insurance.” Kaiser v. DeCarrera,
{18} This Court has determined that 13.12.3.9 NMAC contains two distinct requirements: (1) the rejection must be in writing and (2) the rejection must be made a part of the policy. See Marckstadt,
{19} Section 66-5-301’s plain language and underlying policy dictate that the requirements for a valid rejection found in 13.12.3.9 NMAC must be complied with when an insured purchases some UM/UIM coverage but rejects UM/UIM coverage equal to the liability limits, because any other outcome would create an unprincipled anomaly in the fabric of our law. See § 66-5-301(B) (“uninsured motorist coverage ... shall include underinsured motorist coverage”); § 66-5-301(0) (providing that the insured has a right to reject UM/UIM coverage); Weed Warrior,
c. Insurance Carriers Must Provide the Insured with the Premium Charges Corresponding to Each Available Coverage Option.
{20} Despite this Court’s repeated pronouncements that an insured’s decision to reject UM/UIM coverage must be knowing and intelligent in order to effectuate New Mexico’s public policy, see, e.g., Marckstadt,
{21} When issuing an insurance policy, an insurer must inform the insured that he or she is entitled to purchase UM/UIM coverage in an amount equal to the policy’s liability limits and must also provide the corresponding premium charge for that maximum amount of UM/UIM coverage. The premium cost for the minimum amount of UM/UIM coverage allowed by Section 66 — 5— 301(A) must also be provided, as well as the relative costs for any other levels of UM/ UIM coverage offered to the insured. The insured must be informed that he or she has a right to reject UM/UIM coverage altogether. Providing the insured with a menu of coverage options and corresponding premium costs will enable the insured to make an informed decision about the level of UM/ UIM coverage he or she wants to purchase and can afford and will minimize uncertainty and litigation with regard to the coverage that the insured has obtained.
d. If an Insurer Does Not Obtain a Valid Rejection of UM/UIM Coverage, the Policy Will Be Reformed to Provide UM/UIM Coverage Equal to the Liability Limits.
{22} Insurers have statutory obligations to offer UM/UIM coverage up to the liability limits of the policy, see Weed Warrior,
{23} Progressive argues that reforming policies to provide UM/UIM coverage equal to the liability limits would undermine freedom of contract. We disagree. As this Court has explained, “although ... public policy generally supports freedom of contract, the necessity of meeting the statutory and regulatory requirements plainly conditions freedom of contract” in the context of UM/UIM insurance. Marckstadt,
{24} In Montano, this Court struck that balance by requiring insurance carriers to provide insureds with the premium costs for each available level of stacked coverage in order to allow insureds to contract for the amount of coverage they can afford and want to purchase.
{25} In these cases, we detail for the first time the technical requirements for a valid rejection of UM/UIM coverage in an amount equal to liability limits. By requiring insurance carriers to list premium costs corresponding to each available UM/UIM coverage level, we are providing specific guidance concerning the form and manner that valid offers and rejections of UM/UIM insurance must take to comply with controlling statutory and regulatory provisions. We therefore consider whether or not our holding should be limited to prospective application only, and not to policies, like those in the cases before us, that were issued before the date of this Opinion. Allstate argues that our Opinion should be given selective prospectivity, which occurs when a judicial decision is applied to the parties before the court in a case adopting a new rule and to parties whose conduct occurs after the announcement of the new rule but not to other parties whose conduct occurred before the announcement of the new rule. See Beavers v. Johnson Controls World Servs., Inc.,
{26} This Court has declined to follow the federal courts’ bright-line rule applying appellate court decisions retroactively in all civil cases. Id. at 393,
{27} This Court uses three factors to determine whether the presumption of full retroactive application has been overcome. Under the first factor, “ ‘the decision to be applied nonretroactively must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed.’ ” Marckstadt,
{28} Second, when deciding whether a decision should be limited to a prospective application, this Court must “weigh the merits and demerits in each case by looking to the
{29} Third, this Court must consider “the inequity imposed by retroactive application, for where a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the ‘injustice or hardship’ by a holding of nonretroactivity.” Marckstadt,
f. The Insurers in These Cases Did Not Obtain Valid Rejections of UM/UIM Coverage.
{30} UM/UIM coverage equal to the liability limits is the default coverage unless an insurer (1) offers the insured UM/UIM coverage equal to the policy’s liability limits, (2) provides premium costs corresponding to the available levels of UM/UIM coverage, (3) obtains a written rejection of UM/UIM coverage equal to the liability limits, and (4) makes that rejection a part of the policy that is delivered to the insured. In each of the consolidated cases before us, we affirm the Court of Appeals’ conclusion that the requirements for a valid rejection of UM/UIM coverage were not met, and we agree that the proper remedy in each ease is to reform the policies to provide UM/UIM coverage equal to the liability limits.
{31} In Jordan v. Allstate Insurance Co., we conclude that Allstate offered UM/ UIM coverage equal to the liability limits in Plaintiffs’ policies because the UM/UIM Selection/Rejection forms included a menu of coverage options ranging from the statutory minimum up to $2 million, along with a statement informing the insureds that they could “only purchase Uninsured Motorists Insurance for Bodily Injury up to [the] Bodily Injury Liability ... limits.” Scott Jordan and Theresa Romero signed Allstate’s forms that purportedly rejected their statutorily authorized UM/UIM coverage. 2
{32} The rejections were insufficient as a matter of law, however, both because the UM/UIM Selection/Rejection forms did not provide the premium costs for each available coverage option and because the rejections were not made a part of the policies delivered to the Jordans and the Romeros. Allstate does not dispute that the UM/UIM Selection/Rejection forms were never attached to the Romero or Jordan policies.
{33} In Romero v. Progressive, none of the requirements for a valid rejection of UM/UIM coverage were met. The record contains no evidence that Progressive offered Romero UM/UIM coverage equal to his liability limits, that Progressive informed Romero how much UM/UIM coverage would cost, or that Romero rejected UM/UIM coverage in writing. Although the declarations pages delivered to the Romeros listed the amounts of liability and UM/UIM coverage provided by the policy, Progressive should have expressly stated in the policy that higher levels of UM/UIM coverage had been rejected. We agree with the Court of Appeals that “the district court was correct in reading [UM/UIM] coverage at the liability limits into the Policy.” Romero v. Progressive,
{34} The rejection of UM/UIM coverage in Lucero v. Trujillo also was invalid. Progressive Halcyon’s website offered UM/ UIM coverage equal to the liability limits by setting the default amount of UM/UIM coverage equal to the amount of liability coverage. Additionally, it appears from the record that the pull-down menus on Progressive Halcyon’s website did provide price quotations for each available coverage option. We conclude that Diana Lucero rejected coverage in writing, recognizing that in the twenty-first century actively selecting an amount of UM/UIM coverage on an insurance website constitutes a “writing.” See Marckstadt,
{35} Despite Progressive Halcyon’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. Progressive points to the short paragraph at the end of its forty-nine page fine-print policy, which “expressly integrated” the insured’s application and declarations pages into the policy. Incorporating an on-line application into an insurance policy via buried language toward the end of a generic forty-nine page policy does not allow for meaningful reconsideration of the decision to reject coverage. Insureds are “only bound to make such examination of such documents as would be reasonable ... under the circumstances.” Pribble v. Aetna Life Ins. Co.,
III. CONCLUSION
{36} We affirm the Court of Appeals’ holdings that the insurers in these consolidated cases failed to obtain valid rejections of UM/UIM coverage and that the proper remedy in each of these cases is reformation of Plaintiffs’ automobile liability policies to provide UM/UIM coverage equal to the liability limits.
{37} IT IS SO ORDERED.
Notes
. Donald Romero and Theresa Romero are plaintiffs in both Jordan v. Allstate Insurance Co., No. 32,063, and Romero v. Progressive Northwestern Insurance Co., No. 32,065. Both cases concern an accident involving Donald Romero and an uninsured motorist. The Allstate policy covered the vehicle in which Romero was riding, making Allstate the primary insurer on the UM/UIM risk. See State Farm Mut. Auto. Ins. Co. v. Jones,
. Although a signed written rejection is not required, see Marckstadt,