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

No. 20,571.

28 P.3d 527 (2001)

130 N.M. 539

2001-NMCA-038

Adam CUEVAS, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee, v. Adam Cuevas, Counter-Defendant, and Richard Almanza, Third Party Defendant.

Court of Appeals of New Mexico.

May 14, 2001.

Attorney(s) appearing for the Case

Allan L. Wainwright, Law Offices of Allan L. Wainwright, P.A., Albuquerque, NM, for Appellant.

Leonard J. Piazza, Thomas A. Sandenaw, Jr., Sandenaw, Carrillo & Piazza, P.C., Las Cruces, NM, for Appellee.

OPINION

WECHSLER, Judge.

{1} Plaintiff Adam Cuevas appeals from the trial court's summary judgment in favor of State Farm Mutual Automobile Ins. Co. (State Farm). At issue is whether the trial court properly granted summary judgment based on its determination that Plaintiff was not "occupying" the insured vehicle at the time of the accident. We reverse the trial court's grant of summary judgment in favor of...

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