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1 DEMIR V. FARMERS TEXAS COUNTY MUTUAL INS. CO., 2006-NMCA-091, 140 N.M. 162, 140 P.3d 1111 NUSRET DEMIR, Plaintiff-Appellant, v. FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY, Defendant-Appellee.
Docket No. 26,040 COURT OF APPEALS OF NEW MEXICO 2006-NMCA-091, 140 N.M. 162, 140 P.3d 1111 June 28, 2006, Filed APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Valerie A. Mackie Huling, District Judge. Released for Publication August 22, 2006. COUNSEL Law Offices of Daymon B. Ely, Damon B. Ely, Albuquerque, NM, Mucci Law, Thomas J. Budd Mucci, Albuquerque, NM, for Appellant. O'Brien & Ulibarri, P.C., Daniel J. O'Brien, Lawrence M. Glenn, Albuquerque, NM, for Appellee. JUDGES JAMES J. WECHSLER, Judge. WE CONCUR: LYNN PICKARD, Judge, MICHAEL E. VIGIL, Judge. AUTHOR: JAMES J. WECHSLER. OPINION

WECHSLER, Judge. {1} Plaintiff Nusret Demir appeals from an order granting summary judgment in favor of Defendant Farmers Texas County Mutual Insurance Company. There are two issues on appeal. First, Plaintiff contends that the district court erred in applying Texas law to interpret his insurance contract with Farmers. Second, Plaintiff argues that even if Texas law applies, New Mexico courts should not enforce that law because it conflicts with our own public policy. We agree that Texas law is inapplicable because it contravenes New Mexico's public policy and we reverse. BACKGROUND {2} Plaintiff is a resident of Texas, and Farmers is domiciled in Texas. Farmers issued an insurance contract to Plaintiff in Texas. It is undisputed that Plaintiff was driving in New Mexico when he swerved to avoid another vehicle, resulting in a single-car accident. The driver of the other vehicle is unknown and no physical contact between the two vehicles occurred.

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