· 12/5/2008
City of Raton v. Arkansas River Power Authority
Citations
- 611 F. Supp. 2d 1190
- 2008 U.S. Dist. LEXIS 108723
- 2008 WL 5999635
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a special relationship can exist between insurer and insured
- discussing the Sam holding and concluding that a “case-by-case 18 approach to the comity analysis” is required
- quoting, Watson Truck & Supply Co., Inc. v. Males, 1990-NMSC-105 , ¶ 12, 111 N.M. 57 , 801 P.2d 639 (citations omitted)
- refusing to dismiss a claim for breach of covenant of good faith and fair dealing that arose out of a breach of contract
- “New Mexico and Colorado do not allow a cause of action in tort for breach of the covenant of good faith except in insurance contracts, or possibly contracts that are adhesive in nature.”
- “Rather than all-or-nothing, a court must assure that, for each claim for which it applies another state’s sovereign immunity rules, the application of the other state’s rules does not offend the state’s public policy in a substantial way.”
Source: CourtListener parenthetical corpus (CC0).
Judges: James O. Browning
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.