Auto Insurer Owed A Duty To Insured To Disclose Risk Of Minimum UIM Coverage

(November 17, 2023, 1:15 PM EST) -- ALBUQUERQUE, N.M. — A New Mexico federal judge partially denied an auto insurer’s motion to dismiss on claims for bad faith, negligent misrepresentation and violations of New Mexico’s Unfair Trade Practices Act (UPA) and Unfair Insurance Practices Act (UIPA) after determining that the auto insurer had a duty to disclose to the insured that the selection of the minimum uninsured/underinsured motorist (UM/UIM) limits of coverage could result in the insured receiving no UIM benefits if the insured were involved in a collision with a minimally insured tortfeasor....