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CHAVEZ v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 10011.

533 P.2d 100 (1975)

87 N.M. 327

Clara D. CHAVEZ, Individually and as personal representative of Francisco G. Chavez, Deceased, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Defendant-Appellant.

Supreme Court of New Mexico.

March 21, 1975.

Attorney(s) appearing for the Case

Klecan & Roach, Albuquerque, for defendant-appellant.

Zamora & Ribe, Santa Fe, for plaintiff-appellee.

OPINION

STEPHENSON, Justice.

Appellant (State Farm) appeals a summary judgment rendered for Clara Chavez which pronounced invalid an exclusion of uninsured motorist coverage in an automobile insurance policy when the insured is occupying an uninsured motor vehicle owned by him at the moment of injury. The validity of that exclusion is the sole issue for decision.

While riding his uninsured motorcycle, Francisco...

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