Tsosie v. Foundation Reserve Insurance Company

NOBLE and CARMODY, Justices

(dissenting) .

It is axiomatic that a proper result cannot be reached by starting with an erroneous premise. In our view, the majority rest the opinion upon a determination that plaintiff’s failure to advise the insurance company that his driver’s license had been revoked because of a conviction of driving while intoxicated was not a misrepresentation of a fact material to the insurer’s decision whether to accept the risk, or in its appraisal of the degree of risk involved, or in fixing the rate of premium.

The majority can only reach that determination by erroneously…