Ferrell v. Allstate Insurance Company

188 P.3d 1156 (2008)

Facts

Ps are Allstate (D) insureds who contend that D is liable for breach of contract for failing to include installment fees that are charged when an insured opts to pay the premium in monthly installments in the total premium calculation. Ps sued D in New Mexico state court for breach of contract. Ps originally requested that the court certify a nationwide class, but eventually narrowed the class to fifteen states, including New Mexico. The court certified a class of thirteen states and found that there was no conflict among the laws of the thirteen states such that the application of New Mexico law to Ps from those states was inappropriate. D appealed. The Court of Appeals reviewed the laws of the states and determined that the laws of the thirteen states potentially conflicted with one another, due to unresolved ambiguities in each state's law. The Court undertook a conflict-of-laws analysis and determined that the laws of the state where each insurance contract was entered into would separately apply to the plaintiffs from that state. It decertified the class with respect to all out-of-state class members. Ps appealed.