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1 MANZANARES V. ALLSTATE INSURANCE CO., 2006-NMCA-104, 140 N.M. 227, 141 P.3d 1281 DELORES MANZANARES, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.
Docket No. 25,451 COURT OF APPEALS OF NEW MEXICO 2006-NMCA-104, 140 N.M. 227, 141 P.3d 1281 June 28, 2006, Filed APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY, James A. Hall, District Judge Certiorari Denied, No. 29,933, August 25, 2006. Released for publication September 5, 2006. COUNSEL The Herrera Firm, P.C., Samuel M. Herrera, Taos, NM, for Appellant Modrall, Sperling, Roehl, Harris, & Sisk, P.A., Lisa Mann, Jennifer A. Noya, Albuquerque, NM, for Appellee JUDGES RODERICK T. KENNEDY, Judge. WE CONCUR: IRA ROBINSON, Judge, MICHAEL E. VIGIL, Judge AUTHOR: RODERICK T. KENNEDY OPINION

KENNEDY, Judge. {1} Plaintiff appeals the district court's award of summary judgment to Defendant Allstate Insurance Company (Allstate). This case raises a single question: when an insured recovers an amount of actual damages from the tortfeasors' insurance companies that exceeds her own uninsured/underinsured (UIM) coverage, can she then still recover punitive damages under her UIM coverage because the tortfeasors' liability insurance excluded coverage for punitive damages? We hold that although UIM coverage includes punitive damages in New Mexico, such coverage does not negate a valid offset provision in the insurance policy, and that Plaintiff's recovery of actual damages from the tortfeasors was properly offset against her own UIM coverage. We affirm. FACTS AND BACKGROUND {2} Plaintiff was injured in an automobile accident. Both the driver and the owner of the other vehicle were insured. Plaintiff settled her claims against the driver for the $25,000 policy limit and settled her claims against the owner for $35,000, for a total recovery of $60,000. These

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