In a recent opinion the U.S. District Court for the District of New Mexico denied an insurance company's motion to bifurcate claims and stay discovery. Under Federal Rule of Civil Procedure 42(b), federal courts have the authority to take actions including ordering...
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Insurance Bad Faith
New Mexico Federal Trial Court Rejects Insurance Company’s Attempt to Deny Underinsured Motorist Coverage
An accident in New Mexico recently resulted in litigation concerning coverage under an automobile insurance policy. The facts, as alleged by the parties, are simple and tragic. Allegedly a woman went to her neighbor's house to respond to an alarm that had gone off...
New Mexico Federal Court Stays Insurance Coverage Dispute in Personal Injury Case to Facilitate Resolution by New Mexico State Court
As part of a recent New Mexico personal injury case, insured property owners sought from their insurance company a defense under a landlord protection policy. The property owners' need for a defense arose after an alleged carbon monoxide leak in a property that they...
Insurance Company Not Allowed to Intervene in New Mexico Personal Injury Suit
Recently, the United States District Court for the District of New Mexico handed down a ruling denying an insurance company's motion to intervene. The insurance company allegedly had paid the plaintiff workers' compensation benefits under California law, and asserted...
Federal Trial Court Rules that New Mexico Lawsuit Seeking Recovery from Insurance Company is to Proceed in State Court
Recently the U.S. District Court for the District of New Mexico was presented with a dispute concerning whether an insurance coverage case presented to it for adjudication should be sent back to the state court in which the plaintiff had first filed the case. The...
Insurer Not Required to Defend Homeowners in Personal Injury Lawsuit Following Dog Bite
A New Mexico federal court recently ruled that a homeowner's insurance policy did not cover a dog bite occurring outside of the homeowner's premises. A woman was injured after she took two dogs out for a walk on a leash. She and the leashed dogs were allegedly...
Loss of Consortium Claim Treated as Bodily Injury Under New Mexico Automobile Insurance Policy
The United States District Court for the District of New Mexico recently ruled against an insurance company, and in favor of the wife of a man who was killed when the motorcycle he was driving was hit by a car. The motorcyclist sustained fatal physical injuries while...
Court Upholds Automobile Insurer’s Denial of Coverage for Theft of Truck under New Mexico Law
A person whose truck was stolen sought compensation in New Mexico state court from his automobile insurer on the basis that the theft constituted property damage under the uninsured motorist provisions of the parties' contract. The insurance company removed the...
New Mexico Federal Trial Court Grants In Part and Denies in Part Insurance Company’s Motion for Independent Medical Examination
An important part of a personal injury case can be determining the physical condition of the plaintiff. A New Mexico federal trial court recently decided an insurance company defendant's motion seeking an independent medical examination of the plaintiff. The court...
Insurance Company Seeks Protective Order in New Mexico Lawsuit for Bad Faith Denial of Uninsured Motorist Coverage
Though parties to personal injury litigation in American federal courts have broad discovery rights, certain materials are protected in the discovery process including those that are subject to the attorney-client and work product privileges. In a recent case, the...