Claim by Worker’s Estate Against Employer’s Uninsured Motorist Policy Is Barred
The New Mexico Supreme Court recently responded to a certified question from the U.S. District Court for the District of New Mexico in a lawsuit filed by the family of a worker who was killed in an accident at a salvage yard that was likely caused by a coworker. The supreme court’s answer turned on the resolution of a conflict between language in the New Mexico Workers’ Compensation Act (WCA) and the uninsured motorist (UM) statute.