AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Old Republic Insurance Company insured two aircraft that were damaged by hail while in the possession of Eclipse Aviation Corporation. Following the incident, Old Republic compensated the owners of the aircraft under their respective insurance policies and sought to recover these costs from Eclipse, asserting claims of negligence and breach of contract.

Procedural History

• District Court of Bernalillo County: Found in favor of Old Republic on claims of negligence and breach of contract against Eclipse and awarded Old Republic prejudgment interest on the damages (para 1).

Parties' Submissions

• Plaintiff-Appellee/Cross-Appellant (Old Republic): Argued that it had the right to bring claims against Eclipse as a subrogee and challenged certain aspects of the prejudgment interest award (para 1).
• Defendant-Appellant/Cross-Appellee (Eclipse): Contended that Old Republic lacked standing to bring some of the claims as it required an assignment from the owner of the aircraft, which was not properly established (paras 7-8).

Legal Issues

• Whether Old Republic had a subrogation right to bring the contested claims against Eclipse.
• Whether the district court applied the correct statute and calculations in awarding prejudgment interest to Old Republic.

Disposition

• The Court of Appeals affirmed the district court's judgment in favor of Old Republic, concluding that Old Republic had a subrogation right to bring the contested claims and did not preserve the prejudgment interest issue for appeal (paras 29-30).

Reasons

• The Court of Appeals, per Judge Bogardus, with Judges Hanisee and Ives concurring, held that:
  Subrogation Right: Old Republic had a subrogation right to bring the N187EA-related claims. The court found that the doctrine of subrogation allowed Old Republic to step into the shoes of the insured parties and seek recovery from Eclipse, the party responsible for the damage. This conclusion was based on equitable principles, despite Eclipse's argument regarding the ownership of the N187EA and the lack of a formal assignment of claims from the actual owner to Old Republic (paras 10-19).
  Prejudgment Interest: Old Republic did not preserve the issue of prejudgment interest for appeal. The court determined that Old Republic failed to object to the district court's application of the statute governing prejudgment interest and its calculation method during the trial. As a result, this issue was not considered on appeal (paras 21-28).