Legal Opinion

Foremost Insurance Company Grand Rapids, Michigan v. Montoya

District Court, D. New Mexico

Decided March 22, 2021No. 1:20-cv-01322Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO FOREMOST INSURANCE COMPANY, Plaintiff, v. Civ. No. 20-1322 SCY/JFR EUGENE MONTOYA and DEBRA MONTOYA, Defendants. MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS OR STAY1 This case stems from an automobile and bicyclist collision. Defendant Eugene Montoya was lawfully riding a bicycle on the northbound shoulder of US Highway 550 when an automobile crossed the right shoulder’s fog line. The driver, who was uninsured or underinsured at the time, severely injured Mr. Montoya. Eugene and Debra Montoya had an active…

2Cases cited13 opinions

  1. Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
  2. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  3. State Farm Fire & Casualty Company v. Robert Ray Mhoon, Takura Fujiwara, and Melinda Isabel FujiwaraCourt of Appeals for the Tenth Circuit · 1994
  4. Elmer M. Kunkel, William H. Dennler, John D. Lockton, Ted B. Westfall and William D. Robertson v. Continental Casualty CompanyCourt of Appeals for the Tenth Circuit · 1989
  5. St. Paul Fire and Marine Insurance Company v. Philip H. RunyonCourt of Appeals for the Tenth Circuit · 1995

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