No Coverage Where Tortfeasor Was Co-Employee
Answering a question certified to it from a federal district court sitting in New Mexico, that state’s Supreme Court held that an employee injured in the course of the employment by a co-employee operating an employer-owned vehicle is not entitled to seek uninsured/underinsured motorist coverage under the employer’s vehicle policy, because the injured employee is not “legally entitled to recover damages” from the co-employee [see Vasquez v. American Cas. Co., 2016 N.M. LEXIS 186 (Oct. 13, 2016)]. The court distinguished its earlier decision in Draper v. Mountain States Mut. Cas. Co., 116 N.M. 775, 867 P.2d 1157 (1994), on the basis that Draper involved a third-party tortfeasor and not a co-employee [see Larson’s Workers’ Compensation Law, §§ 110.05, 111.03].