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  5. 907 P.2d 994 (1995)
 

BRITT v. PHOENIX INDEM. INS. CO.

Nos. 22769, 22765.

907 P.2d 994 (1995)

120 N.M. 813

Daniel BRITT, Plaintiff-Appellee, v. PHOENIX INDEMNITY INSURANCE COMPANY and Dairyland Insurance Company, Defendants-Appellants.

Supreme Court of New Mexico.

November 13, 1995.

Attorney(s) appearing for the Case

Miller, Stratvert, Torgerson & Schlenker, P.A., Terri L. Sauer, Albuquerque, for Appellant Dairyland.

Massey, McDonald & Boone, P.C., Bruce S. McDonald, Albuquerque, for Appellant Phoenix Indemnity.

Law Offices of Daniel J. O'Friel, Ltd., Daniel J. O'Friel, Santa Fe, for Appellee.

OPINION

MINZNER, Justice.

In this consolidated appeal Dairyland Insurance Co. (Dairyland) and Phoenix Indemnity Insurance Co. (Phoenix) appeal from the trial court's order granting declaratory relief and directing the parties to arbitrate an uninsured motorist dispute. This appeal raises an issue of first impression for New Mexico courts: whether uninsured motorist coverage extends to a victim of an intentional tort perpetrated by a passenger in an...

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