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

No. 23,249.

92 P.3d 20 (2004)

135 N.M. 574

2004-NMCA-059

Robert J. MIERA, Sr., as Personal Representative of the Estate of Robert J. Miera, Jr., deceased, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, and Safeco National Insurance Company, a foreign corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

March 16, 2004.

Attorney(s) appearing for the Case

Rosemary L. Dillon, Robert C. Gutierrez, Will Ferguson & Associates, Floyd Wilson, McCary, Wilson & Pryor, P.C., Albuquerque, NM, for Appellant.

Joe A. Sturges, Kenneth J. Tager, Sturges & Houston, P.C., Albuquerque, NM, for Appellee, Safeco National Insurance Company.

Rudolph A. Lucero, Ruth Fuess, Miller Stratvert, P.A., Albuquerque, NM, for Appellee, State Farm Mutual Automobile Insurance Company.

OPINION

KENNEDY, Judge.

{1} This appeal invites us to reverse the district court's summary judgment granted to Defendants State Farm Mutual Automobile Insurance Company (State Farm) and Safeco National Insurance Company (Safeco), thus extending uninsured motorist (UM) coverage to Robert Miera Jr. when he was shot and killed by an occupant of an uninsured vehicle after Miera got out of the car in which he was riding and was in a confrontation with...

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