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1 RISK MANAGEMENT DIVISION OF THE GENERAL SERVICES DEPARTMENT EX REL. APODACA V. FARMERS INSURANCE CO. OF ARIZONA, 2003-NMCA-095, 134 N.M. 188, 75 P.3d 404 RISK MANAGEMENT DIVISION OF THE GENERAL SERVICES DEPARTMENT OF THE STATE OF NEW MEXICO EX REL. JAMES APODACA and KATHY APODACA, Plaintiff-Appellant, v. FARMERS INSURANCE COMPANY OF ARIZONA, Defendant-Appellee.
Docket No. 22,161 COURT OF APPEALS OF NEW MEXICO 2003-NMCA-095, 134 N.M. 188, 75 P.3d 404 May 30, 2003, Filed APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Theodore C. Baca, District Judge. As Corrected August 20, 2003. Released for Publication August 19, 2003. COUNSEL Carol J. Ritchie, Felker, Ish, Ritchie & Geer, P.A., Santa Fe, NM, for Appellant. Lawrence M. Glenn, Daniel J. O'Brien, Daniel J. O'Brien & Associates, P.C., Albuquerque, NM, for Appellee. JUDGES CELIA FOY CASTILLO, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, CYNTHIA A. FRY, Judge. AUTHOR: CELIA FOY CASTILLO OPINION

CASTILLO, Judge. {1} This case presents an issue of first impression: whether a foster child is a "resident" of the foster home for the purposes of the resident exclusion in a homeowner's insurance policy. The district court, determining that foster child Emeterio Garcia was a resident of the home of his foster parents, James and Kathy Apodaca (Apodacas), granted summary judgment to the insurance carrier, Farmers Insurance Company of Arizona (Farmers). We reverse the summary judgment and remand for further proceedings. I. BACKGROUND {2} The undisputed facts in the record are that: (1) on October 30, 1996, the Children, Youth and Families Department (CYFD), which had legal custody of two-year-old Emeterio, placed the child in the licensed foster home of the Apodacas for "long term" care with a plan to

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