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GELDER v. PURITAN INS. CO.

No. 6005.

668 P.2d 1117 (1983)

100 N.M. 240

Roger I. GELDER d/b/a Gelder Aviation, Plaintiff-Appellant, v. PURITAN INSURANCE COMPANY, a foreign corporation, and Southern Marine and Aviation Underwriters, Inc., a foreign corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

August 4, 1983.

Attorney(s) appearing for the Case

Charles A. Harwood, Michael G. Rosenberg, Michael G. Rosenberg & Associates, P.C., Albuquerque, for plaintiff-appellant.

W.R. Logan, Cynthia A. Fry, Civerolo, Hansen & Wolf, P.A., Albuquerque, for defendants-appellees.

OPINION

NEAL, Judge.

Roger Gelder sued Puritan Insurance Company (Puritan) for breach of contract and bad faith refusal to pay an insurance claim. Puritan was granted summary judgment, and Gelder appeals. Gelder contends that there are triable issues of fact concerning the insurance contract, and conversion.

Gelder owns Gelder Aviation, which leases planes. On September 1, 1980 Gelder leased a plane, N-76DW, to Donald Kirchner. The lease agreement...

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