Bifurcation Warranted, Federal Magistrate Judge Says In Granting Insurer’s Motion

Mealey's (January 22, 2018, 8:47 AM EST) -- ALBUQUERQUE, N.M. — A New Mexico federal judge on Jan. 17 bifurcated an insured’s breach of contract claim from the insured’s bad faith claim in an auto coverage dispute after determining that bifurcation is warranted because under New Mexico law, a finding of breach of contract is necessary for a bad faith claim to survive (Steve P. Shultzaberger v. State Farm Mutual Automobile Insurance Co., No. 17-1028, D. N.M., 2018 U.S. Dist. LEXIS 7915)....

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