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(DOWNLOAD) "Lisanti v. Alamo Title Insurance of Texas" by In the Supreme Court of the State of New Mexico " eBook PDF Kindle ePub Free

Lisanti v. Alamo Title Insurance of Texas

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eBook details

  • Title: Lisanti v. Alamo Title Insurance of Texas
  • Author : In the Supreme Court of the State of New Mexico
  • Release Date : January 15, 2002
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

1 Alamo Title Insurance of Texas ("Alamo") appeals from an opinion of the Court of Appeals reversing an order of the district court staying proceedings on a complaint filed by Nicholas and Geraldine Lisanti ("the Lisantis") pending arbitration. Lisanti v. Alamo Title Ins. of Tex., 2001-NMCA-100, 131 N.M. 334, 35 P.3d 989. The Court of Appeals held that NMSA 1978, 59A-30-4(A) (1985), which gives the superintendent of insurance the power to promulgate regulations, and a regulation which requires that all title insurance claims under $1,000,000 be resolved through arbitration, violate the Lisantis right to a trial by jury guaranteed by Article II, 12 of the New Mexico Constitution. Lisanti, 2001-NMCA-100, 10; see also NM Form 1: Owners Policy, Public Regulation Commission, Insurance Division, Title Insurance Bureau, 13 NMAC 14.18.14 (Apr. 3, 1995). The Court of Appeals also held that the trial courts decision regarding the Lisantis statutory claims conflicted with NMSA 1978, 59A-16-30 (1990) and NMSA 1978, 57-12-10 (1987), which provide for claims brought under the Trade Practices and Frauds section of the Insurance Code and the Unfair Practices Act, respectively, to be judicially resolved. Lisanti, 2001-NMCA-100, 11. We affirm.


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