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NM Court of Appeals Schedules March 30, 2017 10:00 AM Hearing

March 13, 2017 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Thursday, March 30, 2017. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Judge James J. Wechsler, Judge Jonathan B. Sutin (’63), and Judge J. Miles Hanisee.

Following are the details of the case:

BETTY E. ULLMAN, for herself and others similarly situated, Plaintiff-Appellee, represented by Geoffrey R. Romero, Matthew L. Garcia, Joseph Goldberg, David A. Freedman, Vincent J. Ward, Ray M. Vargas, Erin B. O’Connell


SAFEWAY INSURANCE COMPANY, Defendant-Appellant, and RICHARD BAILEY, Defendant, represented by Rheba Rutkowski and James H. Johansen

Betty Ullman seeks to maintain a class action based on the alleged failure of Safeway Insurance Company (Safeway) to obtain valid rejections/waivers of uninsured/underinsured motorist (UM) coverage, including stacked coverage, from insureds. Safeway contends that the undisputed material facts demonstrate its full compliance with New Mexico law and that the district court erred in denying its summary-judgment motion seeking dismissal of the claims asserted on behalf of the class (Class MSJ). Whether Safeway "has complied with New Mexico law in obtaining waivers of [UM] coverage insurance, including stacked coverage, from its insureds" (RP1325; 1/22/2016 NMCA Order) is the controlling legal question presented in this interlocutory appeal.

For more information, contact Nora Gonzales at 505-841-4618.