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LEWIS v. DAIRYLAND INS. CO.

No. 19721.

831 P.2d 985 (1992)

113 N.M. 686

Dianna LEWIS, Personal Representative of the Estate of Thomas F. Lewis, Deceased, and Dianna Lewis, conservator of the Estate of Thomas J.B. Lewis, Christie Anna F.J. Lewis, and Faith M.A. Lewis, all minors, Plaintiffs-Appellants, v. DAIRYLAND INSURANCE COMPANY, a foreign corporation, and American Reliable Insurance Company, a foreign corporation, Defendants-Appellees.

Supreme Court of New Mexico.

May 15, 1992.

Attorney(s) appearing for the Case

Wilson & Rank, Frank K. Wilson, Rory L. Rank, Alamogordo, for appellants.

Miller, Stratvert, Torgerson, & Schlenker, P.A., Mick I.R. Gutierrez, Las Cruces, for appellee Dairyland Ins.

Klecan, Childress & Huling, Mark J. Klecan, Albuquerque, for appellee American Reliable.

OPINION

FROST, Justice.

The issue that we address in this case is whether the several statutory beneficiaries in a wrongful death action are entitled to recover pursuant to underinsured motorist insurance policies the per-person or per-accident limits of coverage. In granting summary judgment to the insurers, the trial court held that recovery could be had only for the per-person coverage. We affirm.

In September 1988, Thomas F. Lewis was killed...

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