Breach Of Contract, Bad Faith Claims Dismissed; Misrepresentation Claim Stands

Mealey's (January 18, 2019, 1:30 PM EST) -- ALBUQUERQUE, N.M. — An insured’s negligent misrepresentation claim against an auto insurer will proceed because the insured stated sufficient facts in support of the claim; however, the insured’s claims for breach of contract and bad faith must be dismissed because the insured failed to show that she was deprived of any of the benefits of the insurance contract, a  New Mexico federal judge said Jan. 16 (Yvonne Apodaca v. Young America Insurance Co., et al., No. 18-399, D. N.M., 2019 U.S. Dist. LEXIS 8026)....