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MONTANO v. ALLSTATE INDEM. CO.

No. 27,966.

92 P.3d 1255 (2004)

135 N.M. 681

2004-NMSC-020

John MONTANO, Plaintiff-Petitioner, v. ALLSTATE INDEMNITY COMPANY, Defendant-Respondent.

Supreme Court of New Mexico.

Rehearing Denied June 23, 2004.

Attorney(s) appearing for the Case

McGinn & Carpenter, P.A., Randi McGinn, Clay Campbell, Albuquerque, NM, for Petitioner.

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

Miller Stratvert, P.A., Rudolph A. Lucero, Ruth Fuess, Albuquerque, NM, for Amicus Curiae, National Association of Independent Insurers.

Janet Santillanes, Albuquerque, NM, for Amicus Curiae, New Mexico Consumer Action, New Mexico Trial Lawyers Association.

OPINION

CHÁVEZ, Justice.

{1} In this case we are required, once again, to determine whether an insurance company effectively precluded its insured from stacking the policy limits of all of his vehicles insured under the policy for his uninsured motorist ("UM") claim. Although we have reviewed several such attempts by the insurance industry in the past, each case has presented a new wrinkle. Yet, this Court has never upheld an anti-stacking

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