view clause (New Mexico) · Go Syfert
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view clause in New Mexico

6 New Mexico opinions name it 2 courts 1939–2013 0 in the last five years

The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Miller v. Ibarragreen
cod · 1990 · cited in 1 New Mexico opinions naming this issue, 1992–1992
1 sentence

1992Miller, 746 F.Supp. at 33 (analyzing Hatcher as relying on Florida law “to reach the conclusion that the guardian was merely acting in place of the incompetent person”; distinguishing Colorado law and holding that the creation of a trust by a conservator under Colorado law was not a transfer by the incompetent person on whose behalf the trust was created).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
In Re Villeneuve green
vt · 1998
2 sentences

2013The court agreed with the lower court that “the view and test drive must have been important to the board majority’s evaluation that the defects and warranty non[jconformities did not ‘substantially impair the use, market value[,] or safety of the vehicle.’ ” Id. at 1070 .

2012The court agreed with the lower court that “the view and test drive must have been important to the board majority’s evaluation that the defects and warranty non[-]conformities did not ‘substantially impair the use, market value[,] or safety of the vehicle.’ ” Id. at 1070 .

22012–2013
United States v. Judith Ann Krynicki green
ca1 · 1982
2 sentences

1993It states that the appellate issue "probably" satisfies two requirements of the test set forth in United States v. Krynicki, 689 F.2d 289 (1st Cir.1982): (1) "the new issue is purely legal and its resolution would not be aided by further fact development" and (2) "the proper resolution of the issue is not in doubt." In addition, one cannot doubt that the error was outcome-determinative.

1993It states that the appellate issue “probably” satisfies two requirements of the test set forth in United States v. Krynicki, 689 F.2d 289 (1st Cir.1982): (1) “the new issue is purely legal and its resolution would not be aided by further fact development” and (2) “the proper resolution of the issue is not in doubt.” In addition, one cannot doubt that the error was outcome-determinative.

11993–1993
Hatcher v. Dept. of Health & Rehab. Serv. green
fladistctapp · 1989
1 sentence

1992While there is some legal support for the Department’s view and the analysis by HCFA on which the Department relied, see Hatcher v. Department of Health & Rehabilitative Servs., 545 So.2d 400 (Fla.Ct.App.1989) (holding that a guardian’s creation of a trust for the benefit of a Medicaid claimant was subject to consideration as part of the claimant’s available resources), there is also authority to the contrary.

11992–1992
Wilson v. Prudential Insurance Company of America green
oklacivapp · 1974
2 sentences

1978Cases which have considered substantially similar exclusionary clauses and have found them to be clear and unambiguous are Roskell v. Prudential Insurance Company of America, 529 F.2d 1 (10th Cir. 1976); Wilson v. Prudential Insurance Company of America, 528 P.2d 1135 (Okl.App.1974); Ledoux v. Travelers Insurance Company, 223 So.2d 684 (La.App.1969), and Employers Casualty Company v. Patterson, 344 S.W.2d 199 (Tex.Civ.App.1961).

1978Cases which have considered substantially similar exclusionary clauses and have found them to be clear and unambiguous are Roskell v. Prudential Insurance Company of America, 529 F.2d 1 (10th Cir.1976); Wilson v. Prudential Insurance Company of America, 528 P.2d 1135 (Okl.App. 1974); Ledoux v. Travelers Insurance Company, 223 So.2d 684 (La.

11978–1978
Employers Casualty Company v. Patterson green
texapp · 1961
1 sentence

1978Cases which have considered substantially similar exclusionary clauses and have found them to be clear and unambiguous are Roskell v. Prudential Insurance Company of America, 529 F.2d 1 (10th Cir. 1976); Wilson v. Prudential Insurance Company of America, 528 P.2d 1135 (Okl.App.1974); Ledoux v. Travelers Insurance Company, 223 So.2d 684 (La.App.1969), and Employers Casualty Company v. Patterson, 344 S.W.2d 199 (Tex.Civ.App.1961).

11978–1978
Charles Roskell, Administrator of the Estate of Earnest R. Scherer, Deceased v. The Prudential Insurance Company of America green
ca10 · 1976
2 sentences

1978Cases which have considered substantially similar exclusionary clauses and have found them to be clear and unambiguous are Roskell v. Prudential Insurance Company of America, 529 F.2d 1 (10th Cir. 1976); Wilson v. Prudential Insurance Company of America, 528 P.2d 1135 (Okl.App.1974); Ledoux v. Travelers Insurance Company, 223 So.2d 684 (La.App.1969), and Employers Casualty Company v. Patterson, 344 S.W.2d 199 (Tex.Civ.App.1961).

1978Cases which have considered substantially similar exclusionary clauses and have found them to be clear and unambiguous are Roskell v. Prudential Insurance Company of America, 529 F.2d 1 (10th Cir.1976); Wilson v. Prudential Insurance Company of America, 528 P.2d 1135 (Okl.App. 1974); Ledoux v. Travelers Insurance Company, 223 So.2d 684 (La.

11978–1978
Ledoux v. Travelers Insurance Co. neutral
lactapp · 1969
2 sentences

1978Cases which have considered substantially similar exclusionary clauses and have found them to be clear and unambiguous are Roskell v. Prudential Insurance Company of America, 529 F.2d 1 (10th Cir. 1976); Wilson v. Prudential Insurance Company of America, 528 P.2d 1135 (Okl.App.1974); Ledoux v. Travelers Insurance Company, 223 So.2d 684 (La.App.1969), and Employers Casualty Company v. Patterson, 344 S.W.2d 199 (Tex.Civ.App.1961).

1978Cases which have considered substantially similar exclusionary clauses and have found them to be clear and unambiguous are Roskell v. Prudential Insurance Company of America, 529 F.2d 1 (10th Cir.1976); Wilson v. Prudential Insurance Company of America, 528 P.2d 1135 (Okl.App. 1974); Ledoux v. Travelers Insurance Company, 223 So.2d 684 (La.

11978–1978
Lopez v. Townsend green
nm · 1938
2 sentences

1939In the Lopez case we said, 42 N.M. at page 616 , 82 P.2d at page 930 : “The statutory rider, certainly as against the named assured, limits the insurer’s liability to losses incurred through'operations pursuant to such a certificate.” We also adopted the view that the clause in the policy which we said was akin to the “standard” or “union” mortgage clause in fire insurance policies recognized the public as a distinct party in interest and created a new contract which was not dependent upon the original contract between the insurer and the named assured for its vitality.

1939In the Lopez case we said, 42 N.M. at page 616 , 82 P.2d at page 930 : “The statutory rider, certainly as against the named assured, limits the insurer’s liability to losses incurred through'operations pursuant to such a certificate.” We also adopted the view that the clause in the policy which we said was akin to the “standard” or “union” mortgage clause in fire insurance policies recognized the public as a distinct party in interest and created a new contract which was not dependent upon the original contract between the insurer and the named assured for its vitality.

11939–1939

Where else courts name it

CA 105 (1894–2025) NY 73 (1886–2014) NJ 54 (1918–2026) PA 51 (1898–2024) TX 43 (1909–2023) IL 35 (1897–2026) FL 33 (1939–2018) MO 26 (1876–2001) OR 25 (1884–2025) WA 25 (1910–2018) MD 22 (1932–2020) IA 21 (1874–2024) SC 21 (1884–2013) MA 20 (1929–2025) OH 19 (1898–2021) NC 18 (1891–2024) AL 17 (1905–2012) MI 16 (1915–2024) OK 14 (1895–2021) WY 14 (1907–2022) CO 13 (1887–2016) IN 13 (1888–2013) KY 13 (1913–2025) LA 13 (1880–2017) MN 12 (1919–2008) UT 12 (1903–2025) AZ 12 (1952–2005) SD 11 (1914–2010) DC 11 (1991–2025) VA 10 (1906–2010) CT 10 (1989–2021) HI 10 (1901–2015) MS 10 (1893–2001) AK 9 (1969–2014) KS 9 (1907–2022) WI 9 (1930–2026) TN 9 (1917–2024) AR 8 (1915–2020) GA 7 (1854–1992) NM 6 (1939–2013) ID 6 (1911–2015) WV 5 (1912–1994) RI 5 (1961–1995) ME 4 (1905–2017) NV 4 (1967–1995) NE 4 (1896–1979) MT 4 (1905–2017) VT 3 (1896–1998) NH 3 (1965–2007) DE 3 (1924–1996) VI 2 (2017–2026) ND 2 (1966–1972)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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