Brief

DISTRICT COURT STATE OF NEW MEXICO NO. CIV 03-388 JANE uninfected Plaintiff, vs. JEFFERY CALKIN Defendant. BRIEF IN SUPPORT OF MOTION TO unthaw QUESTION PRESENTED Under the New Mexico obligatory Financial office Act (MFRA), N.M. STAT. § 66-5-218 (1998) which exempts self-insured fomites approved by the superintendent of insurance, can a self-insured lessor still be held apt(p) for a lessees failure in an at fault railcar accident? narrative OF THE CASE Our client, keen-sighted self-drive, Inc. properly filed a gage stay put with the superintendent of insurance and is self-insured beneath the MFRA. Sage Rent-A-Car chartered a vehicle to Mr. Jeffery calk. While Mr. Calkin was in self-will of the leased vehicle he failed to abide by the vehicle code by failing to stop at a stop sign, and collided into Ms. Jane White. Ms. White filed a negligence slip alleging Sage Rent-A-Car should be held responsible for the accident base on the comestible of the MFRA. However, the MFRA exempts self-insured vehicles of a corporation who file a guarantor bond with the superintendent. ARGUMENT MS. WHITE HAS NOT ESTABLISHED THE pretendS DUTY TO CARRY INSURANCE UNDER MFRA AND, THEREFORE, A CLAIM CANNOT BE ESTABLISHED.

A intercommunicate to dismiss whitethorn be filed in certain circumstances. In Las Lumarias of the N.M. Council v. Isengard, 92 N.M. 297, 300-301, [a] performance to dismiss a complaint is properly granted completely when it appears that the plaintiff can non recover or be empower to succor to a lower place any state or facts obvious under the claim.. .. Id. Therefore, the allegation that Sage R! ent-A-Car be held liable for Mr. Calkins accident should be dismissed because plaintiff is not entitled to relief. It is contended by Ms. White that she be balance by Sage Rent-A-Car for their lessees accident under the provisions set forth by the MFRA. Under N.M. STAT. § 66-5-205 (1998), summons of a motor vehicle shall not be permitted by an uninsurable driver. Ms. Whites...If you want to get a intact essay, set it on our website: OrderCustomPaper.com

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