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HART v. STATE FARM MUTUAL INS. CO.

No. 27,633.

193 P.3d 565 (2008)

2008-NMCA-132

F. Michael HART, as Guardian ad Litem and Next Friend of Minor A.E., Plaintiff-Appellee, v. STATE FARM MUTUAL Automobile INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,243, August 13, 2008.

Attorney(s) appearing for the Case

Maureen A. Sanders, Sanders & Westbrook, P.C., Albuquerque, NM, Kyle W. Gesswein, Las Cruces, NM, for Appellee.

Ruth Fuess, Miller, Stratvert P.A., Albuquerque, NM, for Appellant.

OPINION

VIGIL, Judge.

{1} The question presented in this case is whether Child suffered "bodily injury" as defined in policies of uninsured motorist (UM) insurance issued to Child's parents, after she was subjected to inappropriate sexual touching in an uninsured motor vehicle. We conclude that under the undisputed facts, Child's injuries did not constitute "bodily injury" as defined by the policies. We therefore reverse the summary judgment...

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