State Farm Mutual Automobile Insurance Company v. Delores Rios

977 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. Delores RIOS, Defendant-Appellant. No. 91-15965. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 16, 1992. Decided Sept. 30, 1992. Before WALLACE, SCHROEDER and POOLE, Circuit Judges. 1 MEMORANDUM * 2 Defendant-appellant Delores Rios filed a claim with plaintiff-appellee State Farm Mutual seeking compensation for injuries she sustained when she was struck by an underinsured car as she was about to enter a friend's car through the passenger-side door. The friend's car was insured by State Farm. State Farm brought this action in the district court requesting a declaration that Rios was not covered under the uninsured motorist coverage of the friend's policy. The district court granted State Farm's motion for summary judgment. Rios appeals. 3 For the purposes of this disposition we assume the facts to be as Rios alleges.…