Legal Opinion
Gelder v. Puritan Insurance
New Mexico Court of Appeals
Decided August 4, 1983No. 6005PublishedCited by 6 opinions
1Opinion of the Court
OPINION
NEAL, Judge.
Roger Gelder sued Puritan Insurance Company (Puritan) for breach of contract and bad faith refusal to pay an insurance claim. Puritan was granted summary judgment, and Gelder appeals. Gelder contends that there are triable issues of fact concerning the insurance contract, and conversion.
Gelder owns Gelder Aviation, which leases planes. On September 1, 1980 Gelder leased a plane, N-76DW, to Donald Kirchner. The lease agreement contained this provision:
I/We do not intend to use or allow to be used, any aircraft from this day henceforth, which I/We are renting from Geld-er…
2Cases cited7 opinions
- Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
- Carter v. Burn Construction Company, Inc.New Mexico Court of Appeals · 1973
- Taylor v. McBeeNew Mexico Court of Appeals · 1967
- New Mexico State Highway Department v. Van DykeNew Mexico Supreme Court · 1977
- Ulibarri Landscaping Material, Inc. v. Colony Materials, Inc.New Mexico Court of Appeals · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- National Union Fire Insurance Company of Pennsylvania v. Carib Aviation, Inc., and Gregg C. FiddymentCourt of Appeals for the Eleventh Circuit · 1985
- National Union Fire Ins. Co. of Pittsburgh, Pa. v. Care Flight Air Ambulance Service, Inc.Court of Appeals for the Fifth Circuit · 1994
- Shelby Mut. Ins. Co. v. Crain Press, Inc.District Court of Appeal of Florida · 1985
- Allstate Insurance v. JensenNew Mexico Supreme Court · 1990
- Spencer v. University of New Mexico HospitalNew Mexico Court of Appeals · 2004
1 more not listed; retrieve them via the Exa API.