Legal Opinion

State Farm Mutual Automobile Insurance Co. v. McMillan

Colorado Court of Appeals

Decided July 31, 1995No. 93CA1721PublishedCited by 8 opinions

1Opinion of the Court

Opinion by

Judge ROY.

This is a declaratory judgment action to determine the availability of uninsured motorist benefits. Petitioner, State Farm Mutual Automobile Insurance Company, appeals from the trial court’s order vacating a summary judgment entered in its favor pursuant to C.R.C.P. 60(b) and the subsequent summary judgment entered in favor of respondents, Stephanie and Tracy D. McMillan. We affirm.

On September 30, 1989, Stephanie McMillan (McMillan) was struck by a bullet while she was driving her car. The bullet was fired by an occupant of another vehicle who had been “tailgating” the…

2Cases cited35 opinions

  1. Sophie Radack and Charles Radack v. Norwegian America Line Agency, Inc., and Den Norske Amerikalinje, A/sCourt of Appeals for the Second Circuit · 1963
  2. Pierce v. Cook & Co.Court of Appeals for the Tenth Circuit · 1975
  3. Roller v. Stonewall InsuranceWashington Supreme Court · 1990
  4. Kish v. Central National Insurance GroupOhio Supreme Court · 1981
  5. State Farm Mutual Automobile Insurance Co. v. NissenSupreme Court of Colorado · 1993

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3Cited by8 opinions

  1. Britt v. Phoenix Indemnity InsuranceNew Mexico Supreme Court · 1995
  2. State Farm Mutual Automobile Insurance Co. v. McMillanSupreme Court of Colorado · 1996
  3. State Farm Mutual Automobile Insurance Co. v. TyeColorado Court of Appeals · 1996
  4. Continental Divide Insurance Co. v. DickinsonColorado Court of Appeals · 2007
  5. Blesch v. Denver Publishing Co.Colorado Court of Appeals · 2002

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