Ferrell v. Allstate Insurance Co.

144 N.M. 405, 188 P.3d 1156 (2008)

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Ferrell v. Allstate Insurance Co.

New Mexico Supreme Court
144 N.M. 405, 188 P.3d 1156 (2008)

Facts

Joan Ferrell and other insurance-policy holders (plaintiffs) filed suit in New Mexico state court for breach of contract. Allstate Insurance Company (Allstate) (defendant) issued the policies. Ferrell alleged that Allstate failed to disclose fees charged when policy holders paid premiums monthly rather than annually. The trial court certified a 13-state class and found that no conflict of laws among the states prevented application of New Mexico law to the litigation. Allstate appealed the class certification. The court of appeals found that because the laws of the 13 states potentially conflicted, applying New Mexico law to the multi-state class action was inappropriate and would render the case unmanageable. The appeals court decertified the class. The Supreme Court of New Mexico granted certiorari to review.

Rule of Law

Issue

Holding and Reasoning (Bosson, J.)

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