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New Mexico Bad Faith

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Please use this identifier to cite or link to this item: http://hdl.handle.net/1928/2709

New Mexico Bad Faith

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dc.contributor.author Thompson, Cheryl
dc.date.accessioned 2007-02-20T17:54:54Z
dc.date.available 2007-02-20T17:54:54Z
dc.date.issued 1998-04-29
dc.identifier.uri http://hdl.handle.net/1928/2709
dc.description 41 p. ; An outstanding student paper selected as a Honors Paper. en
dc.description.abstract With the introduction of the automobile came a marked increase in complaints and tension between insureds and their insurance companies. As a result, a significant development in insurance law is that insurers may be held liable in tort for bad faith performance of their duties to insureds. The law of bad faith contemplates that a special relationship exists between insurance companies and their insureds. Recognizing the unique peculiarities of the insurance environment, courts have fashioned the tort of bad faith as a way of regulating the insurer-insured relationship. The underlying premise of the law of bad faith is that insurers owe their insureds a duty of good faith and fair dealing. Consequently, an insurer who refuses to deal fairly with its insured, or fails to conduct its affairs in good faith may be subject to compensatory and punitive damages upon a finding of bad faith. Bad faith insurance actions arise in two contexts: 1) that of third-party claims, in which the insured is seeking defense and indemnification from liability to a third party, and 2) first-party claims, in which the insured is seeking indemnification from the insurer for a loss suffered by the insured personally. Although the law of bad faith has received wide recognition and acceptance, the term "bad faith" lacks a single, coherent definition, meaning different things in different contexts. The purpose of this paper is to put the term "bad faith" into context by explaining the development and application of the law of bad faith in New Mexico. en_US
dc.format.extent 2842200 bytes
dc.format.extent 2897643 bytes
dc.format.mimetype application/pdf
dc.format.mimetype application/pdf
dc.language.iso en_US en_US
dc.subject New Mexico en_US
dc.subject Insurance Companies en_US
dc.subject Bad Faith Insurance en_US
dc.subject Laws en_US
dc.subject Tort en_US
dc.subject Insurance Law en_US
dc.subject Liability en_US
dc.subject Third-Party Claims en_US
dc.subject First-Party Claims en_US
dc.title New Mexico Bad Faith en_US
dc.type Other en_US


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