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DELLAIRA v. FARMERS INS. EXCHANGE

No. 23,383.

102 P.3d 111 (2004)

136 N.M. 552

2004-NMCA-132

Tom DELLAIRA and Mary Carnes, husband and wife, Plaintiffs-Appellants, v. FARMERS INSURANCE EXCHANGE, a foreign corporation, Defendant-Appellee, and Farmers Insurance Company of Arizona, a foreign corporation, Defendant.

Court of Appeals of New Mexico.

October 5, 2004.

Attorney(s) appearing for the Case

Steven L. Tucker, Tucker Law Firm, P.C., Santa Fe, NM, Stephen C. Ryan, Stephen C. Ryan, PC, Scottsdale, AZ, Steven Vogel, Albuquerque, NM, for Appellants.

Daniel J. O'Brien, Richard J. Valle, O'Brien & Houliston, Albuquerque, NM, for Appellee.

OPINION

SUTIN, Judge.

{1} Defendant Farmers Insurance Company of Arizona (FICA) issued an automobile insurance policy to Plaintiffs. Under the facts assumed to be true, Defendant Farmers Insurance Exchange (FIE) directed, handled, administered, and adjusted all claims submitted by FICA's policy holders. Plaintiffs sued FICA, FIE, and others with respect to the handling of their claim. The district court entered a Rule 1-012(B)(6) NMRA dismissal on Plaintiffs...

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