United States District Court, D. New Mexico
FARMERS INSURANCE COMPANY OF ARIZONA and FOREMOST INSURANCE COMPANY, Plaintiffs,
CINDY MARTINEZ, as PERSONAL REPRESENTATIVE OF THE ESTATE OF RAYMOND MARTINEZ, Deceased, Defendant.
MEMORANDUM OPINION AND ORDER
CHRISTINA ARMIJO Chief United States District Judge.
MATTER is before the Court on a Motion for
Summary Judgment filed by Farmers Insurance Company of
Arizona (FICA) and Foremost Insurance Company (Foremost)
(collectively, Plaintiffs). [Doc. 21] The Court has
considered the parties' submissions and the relevant law,
and is otherwise fully informed. For the following reasons,
the Court DENIES Plaintiffs'
and Foremost filed a Complaint for Declaration of Rights
Under Insurance Policy, seeking declaratory judgment on
“whether, and to what extent, Cindy Martinez, as
Personal Representative of the Estate of Raymond Martinez,
deceased, is entitled to uninsured motorist coverage under
[several] policies” issued by FICA and Foremost. [Doc.
1] Plaintiffs now move for summary judgment to the effect
that Raymond Martinez, Sr., Decedent, was not a
“resident” of the insured's households and,
therefore, not insured under their policies. [Doc. 21]
parties do not dispute the following facts. Decedent was
killed in a motor vehicle accident. His son, Raymond
Martinez, Jr., was driving and was uninsured. [Doc. 21, UMF
1-3; Doc. 22, pg. 6] Decedent was married to Concha Martinez
(Concha), and had three daughters-Cindy Martinez, Connie
Martinez, and Annabelle Martinez-as well as another son.
[Doc. 21, UMF 6, 29, 38; Doc. 22, pg. 6] Decedent, Concha,
and Cindy lived together in Chimayo, New Mexico. [Doc. 21,
UMF 7; Doc. 22, pg. 6] Connie lived with her husband, an
aunt-in-law, and one of her children in a mobile home with
three bedrooms in Chimayo. [Doc. 21, UMF 9-10, 34; Doc. 22,
pg. 6] Annabelle lived with her two children in Velarde, New
Mexico, in a three-bedroom house. [Doc. 21, UMF 9-10, 36;
Doc. 22, pg. 6]
time of the accident, both Decedent and Concha were
experiencing poor health. Decedent was receiving dialysis
three times each week and traveled to Espanola for the
dialysis treatments. [Doc. 21, UMF 28; Doc. 22, pg. 6]
Decedent, Concha, and Cindy would stay overnight at either
Connie's or Annabelle's home after Decedent received
dialysis treatment. [Doc. 21, UMF 29; Doc. 22, pg. 6; Doc.
23, pg. 2] Decedent stayed with each daughter at least one
time each week. [Id.] When Decedent stayed with
Connie or Annabelle, he would sleep in one of their
daughters' rooms. [Doc. 21, UMF 33, 35; Doc. 22, pg. 6]
Decedent kept some personal items, such as clothes and
toiletries, in Connie's and Annabelle's homes. [Doc.
21, UMF 37; Doc. 22, pg. 6] Concha suffered a stroke roughly
three months prior to the accident, and after that the
frequency of Decedent's stays with Connie and Annabelle
grew more “consistent.” [Doc. 21, UMF 40, 41;
Doc. 22, pg. 6] However, Decedent and Concha had not made
plans to move away from their home in Chimayo. [Doc. 21, UMF
55-57; Doc. 22, pg. 7]
time of the accident, Connie and/or her husband and Annabelle
held several insurance policies issued by FICA and Foremost
covering various vehicles they owned. [Doc. 21, UMF 15-21;
Doc. 22, pg. 6] The FICA policies included an
“uninsured motorist coverage” clause that read
We will pay all sums which an insured person is legally
entitled to recover as damages from the owner or operator of
an uninsured motor vehicle because of: (a) bodily injury
sustained by the insured person. The bodily injury must be
caused by accident and arise out of the ownership,
maintenance or use of the uninsured motor vehicle . . .
2. Insured person means:
a. You or a family member.
[Doc. 21, UMF 23; Doc. 22, pg. 6] “Family member”
is defined as “a person related to you by blood,
marriage or adoption who is a resident of your
household.” [Doc. 21, UMF 24; Doc. 22, pg. 6]
the Foremost policy included an “uninsured motorist
coverage” clause that read
We will pay compensatory damages which an
“insured” is legally entitled to recover from the
owner or operator of an “uninsured motor vehicle”
because of “bodily injury”: 1. Sustained by an
“insured” while “occupying”
“your covered auto”; and 2. Caused by an accident
. . .
“Insured” as used in this Part means: . . . 2.
Any “Family member” while “occupying”