Opinion

AMERICAN EMPLOYERS'INSURANCE CO. v. Crawford

  • 87 N.M. 375
  • 533 P.2d 1203
Court
New Mexico Supreme Court
Filed
Apr 11, 1975
Status
Published
Author
Stephenson
On the bench
Oman, McManus, Montoya, Martinez, Stephenson
Cited by
34 cases

“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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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