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RIVERA v. AMERICAN GEN. FINANCIAL SERVICES

No. 32,340.

259 P.3d 803 (2011)

2011-NMSC-033

Kim RIVERA, Plaintiff-Petitioner, v. AMERICAN GENERAL FINANCIAL SERVICES, INC., a/k/a American General Finance, Inc., American Security Insurance Company, a/k/a American Security Group, Linda Callahan, and Jane Doe, Defendants-Respondents.

Supreme Court of New Mexico.

July 27, 2011.

Attorney(s) appearing for the Case

Martinez, Hart & Thompson, P.C., Bruce Evan Thompson , Albuquerque, NM, Public Justice, P.C., F. Paul Bland, Jr. , Melanie Hirsch , Washington, DC, Treinen Law Office, Robert Dale Treinen , Albuquerque, NM, for Petitioner.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Charles K. Purcell , Albuquerque, NM, for Respondents.

Michael B. Browde , Albuquerque, NM, Law Office of William E. Snead, William E. Snead , Albuquerque, NM, for Amicus Curiae, New Mexico Trial Lawyers Association.

Modrall, Sperling, Roehl, Harris & Sisk P.A., Kenneth L. Harrigan , Albuquerque, NM, for Amici Curiae, American Financial Services Association and Consumer Bankers Association.

OPINION

DANIELS, Chief Justice.

{1} We granted certiorari in this case to review a Court of Appeals opinion upholding a district court's order compelling arbitration of Petitioner Kim Rivera's claims against a title loan lender, American General Financial Services, Inc., and its affiliated insurance agency, American Security Insurance Company. We base our reversal of those decisions on our holding that the arbitration provisions in the title loan contract...

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