Contact: Colin Baillio, Deputy Superintendent

Santa Fe, NM – Today, the Santa Fe District Court ruled that it would not require State Farm and Casualty Company (“State Farm”) to comply with the provision of the New Mexico Superintendent of Insurance’s Amended Emergency Order that sought to require insurance companies to pay $5,000 in living expenses to policyholders forced to evacuate as a result of the South Fork and Salt Fires if the consumer’s insurance policy covered Additional Living Expenses (“ALE”).

The New Mexico Superintendent of Insurance, Alice T. Kane, issued the following statement:

“The Office of Superintendent of Insurance (OSI) respectfully disagrees with today’s ruling. The circumstances on the ground in Ruidoso were and continue to be dire. The New Mexico State Legislature delegated emergency powers to OSI to protect policyholders so that this Office could be responsive to natural disasters. When an insurance policy covers Additional Living Expenses (ALEs), evacuees who had paid insurance premiums for decades needed help accessing basic necessities like a place to stay and meals, which ALEs cover. Evacuees didn’t need funds to cover these kinds of expenses weeks or months later – they needed them immediately, when forced to evacuate and leave behind nearly all their belongings to escape to safety.

OSI is reviewing its legal options and will continue to advocate on behalf of the evacuees of the South Fork and Salt Fires. OSI wants to sincerely thank the vast majority of companies who complied with the Emergency Order in full and provided their policyholders with resources when they needed it the most. Companies in full compliance include Allstate, American Family, Farmers, Hartford, Iowa Farm Bureau, Liberty Mutual, Munich Re, Travelers, USAA, and others.”

NEW MEXICO SUPERINTENDENT OF INSURANCE ISSUES A STATEMENT FOLLOWING SANTA FE DISTRICT COURT’S DECISION