NM Court of Appeals Schedules March 24 Hearing

NM Court of AppealsThe New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Thursday, March 24. The oral argument is open to the public and begins at 9:30 am.

A three-judge panel will preside: Chief Judge Cynthia A. Fry, Judge James J. Wechsler, and Judge Michael D. Bustamante.

Following are the details of the cases:

Lydia Nellis and Patrick Nellis, Plaintiffs-Appellees, represented by Floyd D. Wilson, David Freedman, Joseph Goldberg, Charles R. Peifer, Robert E. Hanson, Dennis M. McCary, John M. Eaves, Karen Mendenhall, and Alan Konrad

vs.

Farmers Insurance Company of Arizona, Defendant-Appellant, represented by Theodore J. Boutrous Jr., Christopher Chorba, Douglas B. Adler, Darrel J. Hieber, and Andrew G. Schultz

Defendant-appellants seek to reverse the district court’s entry of summary judgment in favor of plaintiff-appellees. The court is asked to consider whether an insurer breaches an insurance agreement when it imposes extra service fees on an insured that elects to pay monthly premiums for a monthly automobile insurance policy. In addition, the court is asked to review the district court’s measure of damages and whether it properly certified a class of New Mexico and Arizona policyholders.

Appellant's Brief in Chief
Appellee's Answer Brief
Appellant's Reply Brief

And

Nicole Nellis, plaintiff-appellee, represented by Floyd D. Wilson, David Freedman, Joseph Goldberg, Charles R. Peifer, Robert E. Hanson, Dennis M. McCary, John M. Eaves, Karen Mendenhall, Alan Konrad, and Rachel Jensen

Vs.

Mid-Century Insurance Company, defendant-appellant, represented by Theodore J. Boutrous Jr., Christopher Chorba, Douglas B. Adler, Darrel J. Hieber, and Andrew G. Schultz

Defendant-appellants seek to reverse the district court’s entry of summary judgment in favor of plaintiff-appellees. The court is asked to consider whether an insurer breaches an insurance agreement when it requires an insured that elects to pay monthly premiums for a monthly automobile insurance policy to pay their premiums through an affiliate which charges additional service fees. In addition, the court is asked to review the district court’s measure of damages and whether it properly certified a class of New Mexico and Arizona policyholders.

Appellant's Brief in Chief
Appellee's Answer Brief
Appellant's Reply Brief

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

March 3, 2011