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FASULO v. STATE FARM MUT. AUTO. INS. CO.

No. 18244.

780 P.2d 633 (1989)

108 N.M. 807

Audra FASULO, Joseph A. Fasulo and Margaret Fasulo, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied October 25, 1989.

Attorney(s) appearing for the Case

James T. Roach and Janet Santillanes, Albuquerque, for plaintiffs-appellants.

James B. Cooney, Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, for defendant-appellee.

OPINION

RANSOM, Justice.

The Fasulos brought a declaratory judgment action against their insurance company, State Farm Mutual Automobile Insurance Company, seeking a declaration that their State Farm policies gave them $75,000 of underinsured motorist coverage as to each underinsured motorist whose concurrent negligence caused injury to Audra Fasulo. State Farm filed a motion to dismiss and the Fasulos filed a motion for summary judgment. After hearing arguments...

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