Rachael Guinn v. American Strategic Insurance Corporation

Albuquerque, New Mexico insurance law lawyer represented Plaintiff who sued Defendant on a bad faith breach of insurance contract theory.



"In New Mexico, bad faith breach of an insurance contract occurs when an insurance company fails to act in good faith when investigating, evaluating, or settling a claim. This can include a variety of actions, such as:



Unreasonably delaying or denying a claim

Failing to properly investigate a claim

Underpaying a claim

Refusing to settle a claim within the policy limits, despite a strong likelihood of a judgment in excess of the policy limits



In order to prove a claim of bad faith breach of an insurance contract law, the policyholder must show that the insurance company acted in a manner that was unreasonable, arbitrary, or capricious. The policyholder must also show that the insurance company's actions caused them damages.



If a policyholder is successful in proving a claim of bad faith breach of an insurance contract law, they may be entitled to a variety of damages, including:



The amount of the original claim

Interest on the original claim

Attorney's fees

Punitive damages



Punitive damages are awarded to punish the insurance company for its egregious conduct and to deter other insurance companies from engaging in similar conduct.



Here are some examples of bad faith breach of an insurance contract law in New Mexico:



An insurance company denies a claim for homeowners insurance benefits after a fire, even though the policyholder has all the necessary documentation to support their claim.

An insurance company delays paying out a life insurance policy to the beneficiaries, even though the insurance company knows that the beneficiaries need the money to pay for funeral expenses.

An insurance company refuses to settle a personal injury claim within the policy limits, even though the insurance company knows that there is a strong likelihood that the policyholder will receive a judgment in excess of the policy limits.



If you believe that your insurance company has acted in bad faith in handling your claim, you should contact an experienced insurance attorney to discuss your legal options."



Google Bard

10/06/2023 31 STIPULATED ORDER of Dismissal with Prejudice by District Judge Judith C. Herrera granting 30 Joint Motion to Dismiss (baw) (Entered: 10/06/2023)