Legal Opinion

Brooks v. State Farm Insurance Co.

New Mexico Court of Appeals

Decided February 8, 2007No. 25,218PublishedCited by 15 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} In response to the motion for reconsideration filed by Plaintiffs’ attorney, we have filed an order. Additionally, we now withdraw the opinion filed on December 15, 2006, and substitute this opinion in its stead.

{2} In this appeal, we must answer the question expressly left unresolved in Ellis v. Cigna Property & Casualty Cos., 1999-NMSC-034, ¶ 1, 128 N.M. 54, 989 P.2d 429: When does the six-year limitations period for contract actions begin to accrue on a claim raised under an uninsured motorist (UM) policy? This issue comes to us on cross-motions for summary…

2Cases cited17 opinions

  1. Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
  2. Battishill v. Farmers Alliance InsuranceNew Mexico Supreme Court · 2006
  3. Allstate Insurance Company v. SpinelliSupreme Court of Delaware · 1982
  4. Montano v. Allstate Indemnity Co.New Mexico Supreme Court · 2004
  5. Sandoval v. ValdezNew Mexico Court of Appeals · 1978

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3Cited by15 opinions

  1. American States Insurance Company v. Joann LaFlamSupreme Court of Rhode Island · 2013
  2. Raja v. Ohio Sec. Ins. Co.District Court, D. New Mexico · 2018
  3. Whelan v. State Farm Mut. Auto. Ins. Co.New Mexico Supreme Court · 2014
  4. Miller v. Cincinnati Ins. Co.District Court, D. New Mexico · 2018
  5. Shada v. Farmers Ins. Exch.Nebraska Supreme Court · 2013

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