Legal Opinion
McLelland v. United Wisconsin Life Insurance
New Mexico Court of Appeals
Decided March 26, 1999No. 18,811, 18,837PublishedCited by 18 opinions
1Opinion of the Court
OPINION
HARTZ, Judge., {1} United Wisconsin Life Insurance Company (United Wisconsin) appeals a $250,000 punitive damages award entered against it for willfully engaging in an unfair trade practice, in violation of the Unfair Practices Act, NMSA 1978, §§ 57-12-1 to 57-12-22 (1967, as amended through 1995) (the UPA). It does not challenge the award of $9169.84 in compensatory damages. Its two contentions on appeal are: (1) The UPA does not permit a jury to award punitive damages; it only permits a judge to award up to treble damages for a willful violation of the Act. (2) The punitive damages…
2Cases cited13 opinions
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- Hale v. Basin Motor Co.New Mexico Supreme Court · 1990
- Allsup's Convenience Stores, Inc. v. North River InsuranceNew Mexico Supreme Court · 1998
- Gracia v. BittnerNew Mexico Court of Appeals · 1995
- Naranjo v. PaullNew Mexico Court of Appeals · 1990
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hovet v. Allstate InsuranceNew Mexico Supreme Court · 2004
- O'Neel v. USAA InsuranceNew Mexico Court of Appeals · 2002
- Guidance Endodontics, LLC v. Dentsply International, Inc.District Court, D. New Mexico · 2010
- Atherton v. GopinNew Mexico Court of Appeals · 2014
- Chavarria v. Fleetwood Retail Corp.New Mexico Court of Appeals · 2005
13 more not listed; retrieve them via the Exa API.