Cuevas v. State Farm Mutual Automobile Insurance
New Mexico Court of Appeals
1Opinion of the Court
OPINION
WECHSLER, Judge.
{1} Plaintiff Adam Cuevas appeals from the trial court’s summary judgment in favor of State Farm Mutual Automobile Ins. Co. (State Farm). At issue is whether the trial court properly granted summary judgment based on its determination that Plaintiff was not “occupying” the insured vehicle at the time of the accident. We reverse the trial court's grant of summary judgment in favor of State Farm and remand with instructions to enter summary judgment in favor of Plaintiff.
Facts and Procedural Status
{2} The parties stipulated to the undisputed facts. Richard Almanza owned a…
2Cases cited18 opinions
- Utica Mutual Insurance v. ContriscianeSupreme Court of Pennsylvania · 1984
- Roth v. ThompsonNew Mexico Supreme Court · 1992
- Koenig v. PerezNew Mexico Supreme Court · 1986
- Tata v. NicholsTennessee Supreme Court · 1993
- Rau v. Liberty Mutual InsuranceCourt of Appeals of Washington · 1978
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