This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
New Mexico Complaint For Failure Of Insurer To pay Benefits - Jury Trial Demand
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How to fill out Complaint For Failure Of Insurer To Pay Benefits - Jury Trial Demand?
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FAQ
A bad faith claim arises when one party acts in an unethical or deceptive manner. Unlike a breach of contract claim, a bad faith claim is not a violation of any specific provision of a contract but rather of the spirit of the agreement itself.
In New Mexico, bad faith litigation can result in monetary compensation for the loss suffered by the policyholder and often punitive damages are awarded against the insurance company to punish it.
It is in your best interest to contact an experienced Albuquerque bad faith insurance lawyer promptly if you suspect bad faith. There is a four-year statute of limitations, which begins the moment the insurance company acts unfairly.
The Unfair Insurance Claims Practices Act (UIPA) explicitly creates a private right of action for any person that has suffered damages as a result of an insurer's violation of the UIPA. If your insurer has committed any of the Unfair claims practices listed in See N.M. Stat. Ann. § 59A-16- 20.
Bad faith means an insurer acted unreasonably in denying a claim, such as denying coverage without performing a full and proper investigation or denying a claim for an improper motive.