MARTHA VÁZQUEZ, District Judge.
Pro se Plaintiff Rodrigo Carrasco, a New Mexico resident, was involved in a truck accident on June 14, 2006, with a semi-truck owned by Transportes Soto e Hijos. See Compl. at 1 (Doc. 1, Ex. A). The semi-truck was insured by Defendant Commercial Alliance Insurance Company ("CAIC"), a corporation with its principal place of business located in Houston, Texas. See id. "The accident happened 4.9 miles from the [United States] border on an International Entrance Post in Juarez, Mexico." Compl., Att. 1. Mr. Carrasco filed a tort Complaint against CAIC on August 5, 2010 in the First Judicial District Court, Santa Fe County, New Mexico, in Cause No. D-0101-CV-2010-02790, which the Defendant removed to this Court on the basis of diversity jurisdiction. See Doc. 1 at 1. Mr. Carrasco seeks $250,000 in damages for medical bills, lost wages, and pain and suffering resulting from the accident. See Compl. at 1. He brought suit directly against CAIC, the insurer, because the trucking company "has been neglecting to pay the damages caused by the accident." Id. at Att. 1
CAIC has submitted documents showing that Transportes Soto e Hijos purchased a "Non-Resident auto liability policy" from it. See Doc. 39, Ex. B. At the top of the certificate of coverage are the words: "No Otorga Cobertura En Mexico" ("no coverage in Mexico"). Id. Ex. C. The certificate of coverage states that "coverage is valid
CAICO moves for summary judgment on several bases, but I need not analyze every basis if I find that one basis exists for granting judgment in its favor. See FED. R. CIV. P. 56(a) (providing that summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law.")
Because this is a diversity case, I apply New Mexico law. Butt v. Bank Of Am., N.A., 477 F.3d 1171, 1179 (10
CAIC does not inform the Court where the insurance contract between Transportes Soto e Hijos and CAIC was executed; it does not provide a copy of the actual insurance contract; and it does not inform the Court which state's law should apply to interpret the certificate of coverage. But Mr. Carrasco has informed the Court that Transportes Soto e Hijos has a "general manager" with offices in El Paso, Texas, see Doc. 12 at 1; see also Compl. at 1 (listing same El Paso address as address of insured), so the Court will assume that Transportes Soto e Hijos executed the Texas insurance contract in Texas at its general manager's offices. Thus, the Court analyzes the coverage issue under Texas law. Under both New Mexico and Texas state law, however, to determine insurance coverage, the Court looks to the terms of an insurance contract and gives them their usual and ordinary meaning if the contract is not ambiguous. See Safeco Insurance Co. of America, Inc. v. McKenna, 90 N.M. 516, 565 P.2d 1033, 1037 (1977) (stating that the "obligation of a liability insuror is contractual and is to be determined by the terms of the policy"); Commerce Bank v. Reliance Ins. Co., 105 N.M. 346, 347, 732 P.2d 873, 875 (1987) ("unambiguous insurance contracts must be construed in their usual and ordinary sense"); Fiess v. State Farm Lloyds, 202 S.W.3d 744, 753 (Tex. 2006) ("[W]here the language is plain and unambiguous, courts must enforce the [insurance] contract as made by the parties, and cannot make a new contract for them, nor change that which they have made under the guise of construction."). Thus, my analysis is the same whether Texas or New Mexico law applies.
Here, the certificate of coverage expressly states that CAIC does not provide insurance coverage for accidents involving Transportes Soto e Hijos' semi-truck that occur in Mexico. Contrary to Mr. Carrasco's contention, the distance from the border in which CAIC coverage exists is 0-50 miles into the United States from the border, not 0-50 miles into Mexico from the border. Because it is undisputed that Mr. Carrasco's accident occurred in Mexico, insurance coverage does not exist under Transportes Soto e Hijos' policy with CAIC, and, as a matter of law, he has no claim against CAIC. Therefore, summary judgment must be entered in favor of CAIC.