# Modisette v. Foundation Reserve Insurance Co.

> New Mexico Supreme Court · May 1, 1967 · 77 N.M. 661

URL: https://www.frixlaw.com/law-library/cases/9567289

## Case

- **Full name:** Charles E. MODISETTE, Plaintiff-Appellee, v. FOUNDATION RESERVE INSURANCE COMPANY, Inc., Defendant-Appellant
- **Court:** New Mexico Supreme Court
- **Decided:** May 1, 1967
- **Citations:** 77 N.M. 661; 427 P.2d 21
- **Precedential status:** Published
- **Opinion:** Dissent by Moise
- **Judges:** Oman, Noble, Carmody, Chavez, Moise
- **Cited by:** 44 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9567289

## Opinion text

MOISE, Justice (dissenting).
In my view, it is impossible to find a material distinction between the facts in this case and those in Tsosie v. Foundation Reserve Insurance Company, 77 N.M. 671 , 427 P.2d 29 , decided this date, and accordingly I am unable to justify a result here directly contrary to that reached.in Tsosie. Neither do I see. any basis for overruling findings that the misrepresentations relied on were not material. This was a question of fact to be resolved by the trier of the facts, Mayflower Ins. Exch. v. Gilmont, 280 F.2d 13 , 89 A.L.R.2d 1019 (1960), and not to be reversed by us unless unsupported by substantial evidence. Gilmer v. Gilmer, 77 N.M. 137 , 419 P.2d 976 (1966) ; Pack v. Read, 77 N.M. 76 , 419 P.2d 453 (1966).
The majority having concluded otherwise, I respectfully dissent.
CHAVEZ, C. J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9567289. Public record. Not legal advice.