Rosaly Jean Sheppard v. Allstate Insurance Company

WESLEY E. BROWN, Senior District Judge.

In this action, plaintiff sued to recover underinsured motorist benefits under a policy issued by the defendant Allstate Insurance Company. The district court entered an order granting defendant’s motion for summary judgment on all of plaintiffs claims, which were then dismissed with prejudice. Plaintiff claims in this appeal that the district court erred in ordering summary judgment since disputed factual issues preclude such an order, and that the district court erred in failing to apply the law of .New Mexico in interpreting policy benefits.

A motion…