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BROOKS v. STATE FARM INSURANCE CO.

No. 25,218.

154 P.3d 697 (2007)

2007-NMCA-033

Donna BROOKS and Ryan Brooks, Plaintiffs-Appellees, v. STATE FARM INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of New Mexico.

February 8, 2007.

Attorney(s) appearing for the Case

Berardinelli & Associates, David J. Berardinelli, Santa Fe, NM, for Appellees.

Miller Stratvert P.A., Rudolph A. Lucero, Ruth Fuess, Jeffrey E. Jones, Albuquerque, NM, for Appellant.

OPINION

CASTILLO, Judge.

{1} In response to the motion for reconsideration filed by Plaintiffs' attorney, we have filed an order. Additionally, we now withdraw the opinion filed on December 15, 2006, and substitute this opinion in its stead.

{2} In this appeal, we must answer the question expressly left unresolved in Ellis v. Cigna Property & Casualty Cos., 1999-NMSC-034, ¶ 1, 128 N.M. 54,

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