. The Youngs then argued that courts allow "any type of property damage to be covered" under the UMA, because in Richards v. Mountain States Mut. Cas. Co., 1986-NMSC-021, ¶ 13, 104 N.M. 47, 716 P.2d 238, 241, "a house was covered under UM because a vehicle crashed into the house." Tr. at 8:14-18 (Zamora).
Bhasker contends that New Mexico's underinsured statute "also furthers a public policy of compensating injured persons not compensated by a negligent tortfeasor." Response at 14 n.3 (citing Salas v. Mountain States Mut. Cas. Co., 2009-NMSC-005, ¶ 20, 145 N.M. 542, 202 P.3d 801, 808 ; Richards v. Mountain States Mut. Cas. Co., 1986-NMSC-021, ¶ 9, 104 N.M. 47, 716 P.2d 238, 240 ). Bhasker contends that, "[w]here an insured's underinsured coverage was equal to a tortfeasor's liability coverage," Indiana courts "held that such coverage was illusory under a policy that defined an underinsured motorist as one whose limits of liability coverage were less than the limits of UIM coverage."
As the New Mexico Supreme Court has explained on numerous occasions, the purpose of uninsured motorists coverage is to "put an injured motorist in the same position with regard to damages that he would have been in had the tortfeasor possessed liability insurance." Richards v. Mountain States Mut. Cas. Co., 104 N.M. 47, 49, 716 P.2d 238, 240 (1986) (citing Chavez v. State Farm Mut. Auto. Ins. Co., 87 N.M. 327, 329, 533 P.2d 100, 102 (1975)). See also Lopez v. Foundation Reserve Ins. Co., 98 N.M. 166, 170, 646 P.2d 1230, 1234 (1982) ("The desired result is that an injured insured receive the same compensation when injured by an uninsured motorist as he would receive if the other motorist had carried the minimum amount of liability insurance provided by the statute.").
In determining legislative intent, we look not only to the language used in the statute, but also to the object sought to be accomplished and the wrong to be remedied. Miller v. N.M. Dep't of Transp., 106 N.M. 253, 254, 741 P.2d 1374, 1375 (1987); Richards v. Mountain States Mut. Casualty Co., 104 N.M. 47, 49, 716 P.2d 238, 240 (1986). The object sought to be accomplished by the Act is a healthy, ordered market in which consumers may contract with competent, reliable construction contractors who have passed the scrutiny of a licensing division.
We must fulfill this legislative objective and allow the uninsured-motorist statute the opportunity to protect those who fall within its plain and ordinary meaning and have no other means of recourse. See Richards v. Mountain States Mutual Casualty Co., 104 N.M. 47, 716 P.2d 238 (1986) (the court determined that the object of the similarly worded uninsured-motorist statute "is to compensate those persons injured through no fault of their own"). For the reasons stated herein, the plaintiff's appeal from the Superior Court's declaratory judgment is denied and dismissed.
Several New Mexico cases have invalidated uninsured motorist clauses which seek to reduce the minimum liability of an insured's statutory entitlement, or which limit an insured's access to the benefits of the policy. See Richards v. Mountain States Mut. Casualty Co., 104 N.M. 47, 716 P.2d 238 (1986) (invalidating a clause that limited "property" coverage to damage to the insured's vehicle); Sandoval v. Valdez, 91 N.M. 705, 580 P.2d 131 (Ct.App. 1978) (invalidating a clause that required the insured to sue for coverage within one year); Chavez, 87 N.M. at 327, 533 P.2d at 100 (invalidating a clause that excluded the insured from coverage when the insured was riding in an uninsured vehicle; also establishing that the only limits on uninsured motorist protection are those set forth in the statute); Sloan v. Dairyland Ins. Co., 86 N.M. 65, 519 P.2d 301 (1974) (invalidating a clause that enabled insurer to offset "other source" benefits from the policy's liability limit); American Mut. Ins. Co. v. Romero, 428 F.2d 870 (10th Cir. 1970) (applying New Mexico law and holding invalid an "other source" offset clause, worded almost exactly as Continental's clause here); Montoya v. Dairyland Ins. Co., 394 F. Supp. 1337 (D.N.M. 1975) (invalidating a clause requiring physical contact between t
In determining legislative intent, we look not only to the language used in the statute, but also to the object sought to be accomplished and the wrong to be remedied. Richards v. Mountain States Mut. Casualty Co., 104 N.M. 47, 49, 716 P.2d 238, 240 (1986). The court of appeals interpreted the word "maintenance" purportedly "from the ordinary meaning of the words used," but apparently without looking also to the object to be accomplished by the legislation.
Further, uninsured motorist property damage covers losses not covered by collision insurance, such as damage by an uninsured vehicle to any property owned by the insured, which would include damage to the insured's home. See Richards v. Mountain States Mut. Cas. Co., 104 N.M. 47, 50, 716 P.2d 238, 241 (1986) (construing the word "property" in Section 66-5-301 to include coverage of the insured's house). {52} In addition, the compensation for damage may be different.