Legal Opinion

Martin v. West American Insurance

New Mexico Court of Appeals

Decided November 17, 1999No. 19,514PublishedCited by 6 opinions

1Opinion of the Court

OPINION

APODACA, Judge.

{1} Plaintiff Earl T. Martin (Insured) appeals the trial court’s summary judgment in favor of Defendant West American Insurance Company (Insurer). Insured sued Insurer for bad faith, breach of contract, unfair trade practices, and unfair insurance practices. The suit arose from Insurer’s initial denial of defense of a personal injury action against Insured and its subsequent denial of indemnification for a settlement Insured negotiated without Insurer’s participation or consent. Insured raises two issues on appeal: (1) his homeowner’s insurance policy covered the…

2Cases cited3 opinions

  1. Bernalillo County Deputy Sheriffs Ass'n v. County of BernalilloNew Mexico Supreme Court · 1992
  2. G & G SERVICES, INC. v. Agora Syndicate, Inc.New Mexico Court of Appeals · 1999
  3. Berg v. FallCourt of Appeals of Wisconsin · 1987

3Cited by6 opinions

  1. Barncastle v. American National Property & Casualty CompaniesNew Mexico Court of Appeals · 2000
  2. Southwest Steel Coil, Inc. v. Redwood Fire & Casualty InsuranceNew Mexico Court of Appeals · 2006
  3. Farmers Ins. Co. of Arizona v. SedilloNew Mexico Court of Appeals · 2000
  4. Garcia v. Underwriters at Lloyd's LondonNew Mexico Court of Appeals · 2007
  5. American National Property and Casualty Company v. Carrasco Sr.District Court, D. New Mexico · 2023

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