Articles Posted in Insurance Bad Faith

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 separate trials over multiple claims. The courts enjoy broad discretion with respect to…

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 at the house. Sandoval County Sheriff’s Deputies went to the neighbor’s…

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 had rented out to a husband and wife seriously injured the…

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 that it should be allowed to intervene to assert a subrogation right to recover sums it…

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 federal court trial court presented with this dispute ruled in…

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 attacked outside of their home in Albuquerque by…

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 driving down San Mateo Blvd NE in Albuquerque,…

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 lawsuit to federal court and filed a motion to dismiss, which the court granted. In…

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 United States District Court for the District of New Mexico granted in part a motion for…

The U.S. District Court for the District of New Mexico handed down a decision on January 3, 2019 in favor of a plaintiff who was seeking a recovery from her insurance company following a New Mexico car accident resulting in the plaintiff allegedly suffering personal injuries. The insurance company had argued that the plaintiff needed…