Borjas v. State Farm Mutual Automobile Insurance Co.

Opinion by

Judge NIETO.

In this action for uninsured motorist insurance benefits, plaintiff, Linda T. Borjas, appeals a judgment entered pursuant to C.RC.P. 12(b)(5) dismissing her claims against defendant, State Farm Mutual Automobile Insurance Company (State Farm). We reverse and remand for further proceedings.

Plaintiff was injured in an automobile accident. A police vehicle driven by an Alamosa police officer responding to an emergency struck her vehicle. Plaintiff initially sued the officer and his employer, the City of Alamo-sa, in a separate action,. The trial court dismissed that action…