UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

HARTFORD INSURANCE COMPANY OF THE MIDWEST; INTERSTATE INDEMNITY INSURANCE COMPANY,

Plaintiffs-Counter-
Defendants - Appellees,

v.

CHARLES D. CLINE; JUDITH E. DAVIS,

Defendants-Counter-

Claimants - Appellants.

No. 05-2075

D. New Mexico

(D.C. No. CIV-04-742-LCS/KBM)

ORDER AND JUDGMENT*

Before SEYMOUR, HARTZ, and McCONNELL, Circuit Judges.

On October 12, 2005, this court certified the following question of law to the New Mexico Supreme Court:

Is excluding domestic partners from the definition of family member in an automobile-insurance policy invalid as contrary to the public policy of the state of New Mexico?

See Hartford Ins. Co. v. Cline, 427 F.3d 715, 716 (10th Cir. 2005).

On June 20, 2006, the New Mexico Supreme Court filed an opinion answering the question in the negative. See Hartford Ins. Co. v. Cline, No. 29,506, slip op. (N.M. June 20, 2006). That decision rejects the only argument raised by the defendants in this appeal. Ms. Davis is not a family member of Mr. Cline and therefore is not entitled to Uninsured Motorist/Underinsured Motorist Coverage under the insurance policies at issue. Exercising our jurisdiction under 28 U.S.C. § 1291, we AFFIRM the judgment of the district court.

ENTERED FOR THE COURT

Harris L Hartz

Circuit Judge