Legal Opinion

Russell v. Protective Insurance

New Mexico Supreme Court

Decided March 22, 1988No. 16966PublishedCited by 24 opinions

1Opinion of the Court

OPINION

SOSA, Senior Justice.

In Russell v. Protective Ins. Co. (1987), we ruled that NMSA 1978 §§ 59A-16-1 to -30 (Trade Practices and Fraud), and particularly §§ 59A-16-20 and -30, allow a cause of action against workers’ compensation insurers for bad faith refusal to pay compensation benefits to workers. We held that the cause of action must be for damages unrelated to the worker’s physical or psychological job-related disability. On October 13, 1987, respondents Protective Insurance Company (Insurer) and Merchants Fast Motorline, Inc. (Employer) filed their motion for rehearing urging us to…

2Cases cited18 opinions

  1. Shingleton v. BusseySupreme Court of Florida · 1969
  2. Coleman v. American Universal Insurance Co.Wisconsin Supreme Court · 1979
  3. Stafford v. Westchester Fire Insurance Co. of New York, Inc.Alaska Supreme Court · 1974
  4. Valdez v. Cillessen & Son, Inc.New Mexico Supreme Court · 1987
  5. Cooper v. Argonaut Insurance CompaniesAlaska Supreme Court · 1976

13 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Hovet v. Allstate InsuranceNew Mexico Supreme Court · 2004
  2. Coleman v. Eddy Potash, Inc.New Mexico Supreme Court · 1995
  3. Journal Publishing Co. v. American Home Assurance Co.District Court, S.D. New York · 1991
  4. Michaels v. Anglo American Auto Auctions, Inc.New Mexico Supreme Court · 1994
  5. Beavers v. Johnson Controls World Services, Inc.New Mexico Court of Appeals · 1995

19 more not listed; retrieve them via the Exa API.

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