“It is fundamental that the evidence adduced must support all issues of fact essential to the maintenance of a legally recognized and enforceable claim. Otherwise, there can be no basis in fact for the claim, and it must be dismissed as a matter of law.”
How later courts described this case
- “It is fundamental that the evidence adduced must support all issues of fact essential to the maintenance of a legally recognized and enforceable claim. Otherwise, there can be no basis in fact for the claim, and it must be dismissed as a matter of law.”
- court determines questions of law, including legal sufficiency of an asserted claim; facts must show legally recognized and enforceable claim
- “Since Crawford had no coverage, we fail to understand how the Company acted negligently, or displayed bad faith in refusing to pay $ 100,000 which it had no duty to pay.”
Written by the judges who cited it.
The opinion
STEPHENSON, Justice (concurring specially).
I concur in the result reached by the majority and in that portion of the foregoing opinion which reaches that result predicated upon a want of evidence of proximate cause.
I emphatically disagree with that portion of the opinion which holds that there is no evidence of a breach of duty owed by the company to Mr. Crawford. Moreover, I do not understand the occasion for including this material in the opinion since it is unnecessary in reaching a correct result.