Judge: Insured Cannot Bring Fiduciary Duty Claim Without Asserting Bad Faith

Mealey's (November 11, 2016, 8:24 AM EST) -- ALBUQUERQUE, N.M. — New Mexico does not recognize a claim for breach of fiduciary duty against an insurer independent of a bad faith claim in insurance disputes, a federal judge in New Mexico ruled Nov. 9, rejecting an insured’s motion for partial summary judgment and denying her motion to certify three questions pertaining to her breach of fiduciary duty claim to the state Supreme Court (Grace C. Lucero v. Allstate Insurance Co., No. 15-1098, D. N.M.; 2016 U.S. Dist. LEXIS 155279).

(Opinion available.  Document #07-161114-052Z.)...
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