Legal Opinion

Topmiller v. Cain

New Mexico Court of Appeals

Decided January 11, 1983No. 5829PublishedCited by 17 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

There are two issues: (1) the liability of an insurance agent for failure to obtain builder’s risk insurance; and (2) the measure of damages.

Plaintiffs purchased a lot from Cain for the purpose of building their own home on the property. Plaintiffs arranged for both interim and permanent financing. Prior to obtaining the interim financing, plaintiffs informed Cain that they needed a builder’s risk insurance policy. Upon obtaining the commitment for financing, Mr. Topmiller told Cain that he needed the builder’s risk coverage. The home was destroyed by fire when it had been…

2Cases cited18 opinions

  1. Loucks v. Albuquerque National BankNew Mexico Supreme Court · 1966
  2. Duke City Lumber Company, Inc. v. TerrelNew Mexico Supreme Court · 1975
  3. Reed v. StyronNew Mexico Supreme Court · 1961
  4. Valdez v. Taylor Automobile Co.California Court of Appeal · 1954
  5. Terrel v. Duke City Lumber Company, Inc.New Mexico Court of Appeals · 1974

13 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Hood v. FulkersonNew Mexico Supreme Court · 1985
  2. Abbinett v. FoxNew Mexico Court of Appeals · 1985
  3. Gantt v. L & G AIR CONDITIONINGNew Mexico Court of Appeals · 1984
  4. Glades Oil Co. v. RAI Management, Inc.District Court of Appeal of Florida · 1987
  5. Sharon Steel Corporation, a Corporation v. Lakeshore, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1985

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API