Legal Opinion

Quynh Truong v. Allstate Insurance

New Mexico Supreme Court

Decided March 4, 2010No. 31,013PublishedCited by 103 opinions

1Opinion of the Court

OPINION

DANIELS, Justice.

{1} In this class action case, we are asked to determine the applicability of an exemption to the Unfair Practices Act (UPA), NMSA 1978, Sections 57-12-1 to -22 (1967, as amended through 1999), that bars UPA suits based on “actions or transactions expressly permitted under laws administered by a regulatory body of New Mexico.” Section 57-12-7 (emphasis added).

{2} Plaintiffs, a certified class of Allstate insureds, alleged in their complaint that Allstate had violated the UPA by using claims processing computer programs (hereinafter collectively referred to as…

2Cases cited32 opinions

  1. State v. SmithNew Mexico Supreme Court · 2004
  2. Key v. Chrysler Motors Corp.New Mexico Supreme Court · 1996
  3. Margaret Lowry, Appellant/cross-Appellee v. McDonnell Douglas Corporation, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 2000
  4. Regents of the University of New Mexico v. New Mexico Federation of TeachersNew Mexico Supreme Court · 1998
  5. Trujillo v. City of AlbuquerqueNew Mexico Supreme Court · 1998

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3Cited by103 opinions

  1. Coll v. First American Title InsuranceCourt of Appeals for the Tenth Circuit · 2011
  2. United Rentals Northwest, Inc. v. Yearout Mechanical, Inc.New Mexico Supreme Court · 2010
  3. Griego v. OliverNew Mexico Supreme Court · 2013
  4. San Juan Agricultural Water Users Ass'n v. KNME-TVNew Mexico Supreme Court · 2011
  5. State Ex Rel. King v. B&B Investment Group, Inc.New Mexico Supreme Court · 2014

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