Legal Opinion

Cuevas v. State Farm Mutual Automobile Insurance

New Mexico Court of Appeals

Decided May 14, 2001No. 20,571PublishedCited by 10 opinions

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

  1. Utica Mutual Insurance v. ContriscianeSupreme Court of Pennsylvania · 1984
  2. Roth v. ThompsonNew Mexico Supreme Court · 1992
  3. Koenig v. PerezNew Mexico Supreme Court · 1986
  4. Tata v. NicholsTennessee Supreme Court · 1993
  5. Rau v. Liberty Mutual InsuranceCourt of Appeals of Washington · 1978

13 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Roden v. General Casualty Co. of WisconsinSouth Dakota Supreme Court · 2003
  2. International Ass'n of Firefighters v. City of CarlsbadNew Mexico Court of Appeals · 2009
  3. Gamboa v. UrenaNew Mexico Court of Appeals · 2004
  4. Eastland Financial Services v. MendozaNew Mexico Court of Appeals · 2002
  5. Miera v. State Farm Mutual Automobile InsuranceNew Mexico Court of Appeals · 2004

5 more not listed; retrieve them via the Exa API.

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