[DOWNLOAD] "Leo and Rose Zemelman v. Equity Mutual" by Supreme Court of New Mexico # Book PDF Kindle ePub Free

eBook details

Title: Leo and Rose Zemelman v. Equity Mutual
Author : Supreme Court of New Mexico
Release Date : January 15, 1996
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

Description

Appellants, Leo and Rose Zemelman (Zemelman), appeal the trial courts entry of summary judgment entered on behalf of their insurance company, the defendant-respondent, Equity Mutual Insurance Company (Equity Mutual). The Zemelmans assert that the underinsured motorist coverage of $50,000 per person in the insurance contract between the parties is ambiguous, and urge this court to apply the reasonable expectations doctrine to hold that the underinsured motorist coverage amounts to "excess coverage" and they are entitled to recover under their policy an amount over and above funds received from the tortfeasor. The sole question before this court is whether the underinsured motorist coverage ($50,000) takes effect and covers the policy holders losses in excess of the tortfeasors automobile liability policy ($100,000). Leo Zemelmans, loss of consortium claim will not be reviewed by this court since it was dismissed at the trial court.