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LOYA v. STATE FARM MUT. INS. CO.

Nos. 21375, 21545.

888 P.2d 447 (1994)

119 N.M. 1

Ramiro LOYA, Plaintiff-Appellant, v. STATE FARM MUTUAL INSURANCE COMPANY, an insurer doing business in New Mexico, and Sallie Loya, a/k/a Sallie Rodriguez, an individual, Defendants-Appellees. Wayne SMYTH and Sean Smyth, Plaintiffs-Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of New Mexico.

November 16, 1994.

Attorney(s) appearing for the Case

Berardinelli & Associates, David J. Berardinelli, Santa Fe, for appellant in No. 21375.

Sommer, Fox, Udall, Othmer & Hardick, P.A., Eric M. Sommer, Santa Fe, for appellees in No. 21375.

Simons, Cuddy & Friedman, Thomas A. Simons, IV, Robert D. Sckalor, Santa Fe, for appellant in No. 21545.

Offices of Daniel J. O'Friel, Daniel J. O'Friel, Santa Fe, for appellees in No. 21545.

OPINION

FRANCHINI, Justice.

We consolidated these two cases on appeal because they each raise the question of whether an automobile insurance policy definition that limits uninsured motorist coverage to only those spouses or relatives who live with a named insured at the time of an accident violates public policy. We hold that such a definition does not necessarily violate public policy, but that under the facts of each of these cases before us, coverage...

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