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McMILLAN v. ALLSTATE INDEM. CO.

Nos. 27,897, 28,055.

84 P.3d 65 (2003)

135 N.M. 17

2004-NMSC-002

Debbie McMILLAN, Plaintiff, v. ALLSTATE INDEMNITY COMPANY, Defendant. Yvonne Gallegos, as guardian and next friend of Jerrica A., a minor child, Petitioner-Appellee, v. Allstate Indemnity Company, Respondent-Appellant.

Supreme Court of New Mexico.

Rehearing Denied January 22, 2004.

Attorney(s) appearing for the Case

Titus & Murphy Law Firm, Victor A. Titus, Farmington, NM, David J. Berardinelli, Santa Fe, NM, for Plaintiff-Appellee.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Lisa Mann, Jennifer A. Noya, Albuquerque, NM, for Defendant-Appellant.

OPINION

CHÁVEZ, Justice.

{1} In this consolidated case against Allstate, two automobile insurance policyholders (Insureds) challenge the validity of a clause in Allstate's standard uninsured motorist (UM) insurance endorsement, approved by the Superintendent of Insurance, that provides for arbitration of UM claims only upon the consent of both Allstate and the insured. After Allstate disputed the extent...

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