Articles Posted in Insurance Bad Faith

A New Mexico federal Magistrate Judge recently recommended denial of a construction company’s motion to dismiss or stay a suit by the construction company’s insurer. The insurance company had sued in New Mexico federal court seeking a declaration that it was not obligated to cover a lawsuit against the construction company in New Mexico state…

In a recent case, an insurance company brought an action in a New Mexico state court, the Second Judicial District Court, County of Bernalillo, seeking a declaration that its insured was not entitled to uninsured/underinsured (UM/UIM) coverage for any injuries or other damages resulting from a 2015 car accident. The insured filed an answer and…

Typically contracts are enforced as per their terms. In a case decided by the U.S. District Court for the District of New Mexico, the court held that an insurance policy provision limiting a plaintiff’s time to bring an action to three years from the date of her New Mexico vehicle accident was unenforceable. At issue…

A plaintiff injured in a New Mexico car accident who sues to recover damages for personal injuries often can assert causes of action based on multiple theories of recovery. Under some circumstances, a defendant can successfully move to bifurcate the causes of action. The consequences will depend on what stage the litigation is in when…

Insurance companies sometimes try to change the forum for lawsuits filed against them or their insureds as part of their litigation strategy. A common strategy is to try to remove a lawsuit filed by plaintiffs against them in state court to federal court and then make a motion to dismiss in order to try to…

The Court of Appeals of New Mexico recently entered a ruling concerning the obligation of insurance companies to pay punitive damages. In its ruling, the Court of Appeals reversed a judgment entered by the trial court in favor of an insured car owner that provided the insurance company had to pay him $20,000 in punitive…