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STATE FARM MUT. AUTO. INS. v. MAIDMENT

No. 10336.

761 P.2d 446 (1988)

107 N.M. 568

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent-Appellant, v. Paula Jo MAIDMENT, as Next Friend and Guardian of Edward Maidment, a Minor, Applicant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied August 2, 1988.

Attorney(s) appearing for the Case

Robert E. Sabin, R. Tracy Sprouls, Atwood, Malone, Mann & Turner, P.A., Roswell, for respondent-appellant.

Charles C. Currier, Hunt & Currier, Thomas E. Lilley, Roswell, for applicant-appellee.

OPINION

BIVINS, Judge.

In Stewart v. State Farm Mutual Automobile Insurance Co., 104 N.M. 744, 726 P.2d 1374 (1986), the supreme court held that under New Mexico's uninsured motorist law, an insured may recover punitive damages from his insurer if he would be legally entitled to recover them from the uninsured motorist. The case before us raises the question of whether an insured can...

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