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Date: 02-10-2023
Case Style:
Raymond R. Rodarte v. GEICO General Insurance Company
Case Number: 1:22-CV-264
Judge: David H. Urias
Court: United States District Court for the District of New Mexico (Bernalillo County)
Plaintiff's Attorney:
Defendant's Attorney: Christopher R. Reed for Government Employees Insurance Company
Description: Albuquerque, New Mexico insurance lawyers represented Plaintiff, who sued Defend on a bad faith breach of contract theory claiming more than $145,000 in damages as a direct result of the denial by Defendant of his claim.
This case was filed in the First Judicial District Court, 22cv0320, and was removed to federal court by Defendant.
59A-16-30. Private right of action.
Any person covered by Chapter 59A, Article 16 NMSA 1978 who has suffered damages as a result of a violation of that article by an insurer or agent is granted a right to bring an action in district court to recover actual damages. Costs shall be allowed to the prevailing party unless the court otherwise directs. The court may award attorneys' fees to the prevailing party if:
A. the party complaining of the violation of that article has brought an action that he knew to be groundless; or
B. the party charged with the violation of that article has willfully engaged in the violation.
The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state; provided, however, that the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] and the New Mexico Occupational Disease Disablement Law provide exclusive remedies.
Outcome: ORDER OF DISMISSAL WITH PREJUDICE by District Judge David H. Urias granting 33 Joint Motion to Dismiss Complaint and all claims and causes of action (bap) (Entered: 02/10/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: