Opinion · New Mexico Supreme Court

Hovet v. Allstate Insurance

135 N.M. 397

Type
Opinion
Court
New Mexico Supreme Court
Jurisdiction
New Mexico
Date
2004-04-08
Topic
litigation

How later courts describe this case

  • holding that statutes in derogation of the common law only displace the common law on a showing of clear legislative intent
  • finding that “[a] private right of action for third parties who are victims of automobile accidents is consistent with a statutory scheme that was intended to benefit both insureds and third-party claimants benefit public”
  • noting that New Mexico legislature “parted company with the majority [of other states] and created a private right of action for those injured by an insurer’s unfair claims practices,” but only after a “judicial determination of fault in favor of the third party and against the insured”
  • “[A] third-party claimant may not sue both the insured and the insurer in the same lawsuit.”
  • “Any insurer that objectively exercises good faith and fairly attempts to settle its cases on a reasonable basis and in a timely manner need not fear liability.”
  • “[S]tatutes in derogation of the common law ‘will be interpreted as supplanting the common law only if there is an explicit indication that the legislature so intended.’ ”
  • considering the legislative purpose to construe a statute

Citator

UpLaw has not yet analyzed Hovet v. Allstate Insurance. The absence of a flag is not a finding that it is good law.

Cited by
121 opinions