HARTFORD INSURANCE COMPANY OF THE MIDWEST INTERSTATE INDEMNITY INSURANCE COMPANY, PLAINTIFFSCOUNTER DEFENDANTSAPPELLEES v. CHARLES D. CLINE JUDITH E. DAVIS, DEFENDANTS-COUNTER-CLAIMANTS-APPELLANTS
Docket: 05-2075
Court: Court of Appeals for the Tenth Circuit; October 12, 2005; Federal Appellate Court
The United States Court of Appeals for the Tenth Circuit is seeking a ruling from the Supreme Court of New Mexico on whether excluding domestic partners from the definition of "family member" in automobile insurance policies violates New Mexico public policy. This inquiry stems from a declaratory judgment action involving Judith E. Davis and Charles D. Cline, who were both seeking coverage under policies from Hartford Insurance Company and Interstate Indemnity Insurance Company following an accident. The definitions of "family member" in both insurance policies include only those related by blood, marriage, or adoption, excluding domestic partners. Davis and Cline, who have lived together as domestic partners for about six years, argue that this exclusion is against public policy. The district court sided with the insurance companies, noting that New Mexico does not recognize common-law marriages and that any change to extend insurance coverage to domestic partners would need to come from the legislature. After the district court denied a motion to certify the question to the state supreme court, Davis and Cline appealed, prompting the Tenth Circuit to consider certification as a means to conserve judicial resources. The issue at hand is a state-law matter of first impression in New Mexico, with potential broad implications. The parties have agreed that there are no factual disputes, only a legal question to be decided, which will be decisive for this case. The matter is certified to the New Mexico Supreme Court, with the court clerk instructed to send a certified copy of the order, along with relevant briefs and the district court's judgment, to that court. All parties involved will receive a copy of this certification order. Since the defendants did not request certification prior to the summary judgment and the plaintiffs opposed it, the defendants are required to cover the associated fees and costs under New Mexico law. Should the New Mexico Supreme Court accept the certified question, future proceedings will adhere to its appellate rules and statutes. The appeal is currently ABATED pending the resolution of the certified question.