Judge: Insureds’ Malicious Abuse-Of-Process Claim In Bad Faith Suit Not Viable

Mealey's (March 21, 2018, 1:55 PM EDT) -- ALBUQUERQUE, N.M. — Insureds have failed to show that New Mexico case law supports their argument that they may bring a viable claim for malicious abuse of process in an insurance breach of contract and bad faith lawsuit against their insurer, a federal magistrate judge in New Mexico ruled March 16 in granting the insurer’s motion to dismiss the claim (Lisa Yazzie, et al. v. Government Employees Insurance Co., et al., No. 16-1085, D. N.M., 2017 U.S. Dist. LEXIS 61459)....