MORIARTY v. PUBLIC SCHOOLS INS. AUTHORITY

No. 20,969.

34 P.3d 124 (2001)

131 N.M. 180

2001-NMCA-096

MORIARTY MUNICIPAL SCHOOLS, Plaintiff-Appellant, v. New Mexico PUBLIC SCHOOLS INSURANCE AUTHORITY, Defendant-Appellee, and Arlene Fischer; Richard N. Fischer; Ronny Fouts, CPA; William A. Olmstead, CPA; Norwest New Mexico, N.A.; The Travelers Indemnity Company of Illinois; Underwriters at Lloyd's, London; Sphere Drake Insurance Co., PLC; and CNA Reinsurance of London, Ltd., Defendants.

Court of Appeals of New Mexico.

August 21, 2001.


Attorney(s) appearing for the Case

John W. Boyd, Joseph Goldberg, Freedman Boyd Daniels Hollander Goldberg & Cline, P.A., Albuquerque, NM, for Appellant.

Paul D. Mannick, Coppler & Mannick, P.C., Santa Fe, NM, for Appellee.


OPINION

SUTIN, Judge.

{1} Moriarty Municipal Schools (Moriarty) appeals the dismissal of its complaint against New Mexico Public Schools Insurance Authority (the Authority). The complaint alleged that the Authority breached a contract by failing to fully indemnify Moriarty for loss from embezzlement. The issue is whether a member school can sue the Authority in contract in district court. We agree with Moriarty that it can and reverse.

BACKGROUND...

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