(Download) "Delgado V. Costello" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free

eBook details

Title: Delgado V. Costello
Author : New Mexico Court of Appeals
Release Date : January 06, 1978
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 51 KB

Description

Plaintiff's appeal involves the sufficiency of the amended complaint. The trial court granted defendants' motions to dismiss on the ground the amended complaint "fails to state a claim upon which relief can be granted as a matter of law". There are four claims -- fraud, constructive fraud, negligent misrepresentation, and reformation of an insurance policy. All claims involve the coinsurance clause of a fire insurance policy. We discuss: (1) allegation of fraud; (2) duty of disclosure; and (3) pleading a claim under the doctrine of reasonable expectations. Dismissal was under Rule of Civ. Proc. 12(b)(6). Dismissal under this rule is proper only if it appears that plaintiff cannot recover under any state of facts provable under the claims made. Villegas v. American Smelting & Refining Co., 89 N.M. 387, 552 P.2d 1235 (Ct. App.1976) and cases therein cited.