The United States District Court for the District of New Mexico recently granted summary judgment in favor of Mayer LLP’s client, Redpoint County Mutual Insurance Company, in an insurance coverage dispute involving a commercial motor vehicle insurance policy. The litigation centered around an attempt by the estates of two decedents involved in a commercial motor vehicle accident to collect $1,000,000 in benefits under the policy. In a 25-page opinion addressing at least one issue of first impression under New Mexico law, the Court agreed with the Mayer team’s argument that “bobtail” exclusions to the non-commercial use endorsement barred the plaintiff estates from recovery under the policy since the covered truck was being used to further the commercial interest of the truck’s lessee, who was one of the decedents, at the time of the accident. The Mayer team—led by partner Brian Fisher—also successfully convinced the Court that the bobtail exclusions did not violate New Mexico public policy.

The case is Lopez v. Western Surplus Lines Agency, Inc. et al; Case No. 1:19-cv-00349-JCH-LF