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

No. 93CA1721.

900 P.2d 1243 (1994)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Petitioner-Appellant, v. Stephanie R. McMILLAN and Tracy D. McMillan, Respondents-Appellees.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing November 10, 1994.

Certiorari Granted July 31, 1995.

Attorney(s) appearing for the Case

Rodman & Ross-Shannon, John R. Rodman, David L. Murphy, Denver, for petitioner-appellant.

Martin E. Long & Associates, P.C., Martin E. Long, Denver, for respondents-appellees.

Opinion by Judge ROY.

This is a declaratory judgment action to determine the availability of uninsured motorist benefits. Petitioner, State Farm Mutual Automobile Insurance Company, appeals from the trial court's order vacating a summary judgment entered in its favor pursuant to C.R.C.P. 60(b) and the subsequent summary judgment entered in favor of respondents, Stephanie and Tracy D. McMillan. We affirm.

On September 30, 1989, Stephanie McMillan (McMillan...

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