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RUSSELL v. PROTECTIVE INS. CO.

No. 16966.

751 P.2d 693 (1988)

107 N.M. 9

Richard RUSSELL, Petitioner, v. PROTECTIVE INSURANCE COMPANY, Insurer, and Merchants Fast Motorline, Inc., Employer, Respondents.

Supreme Court of New Mexico.

March 22, 1988.

Attorney(s) appearing for the Case

Bruce P. Moore, Duhigg, Cronin & Spring, David L. Duhigg, Albuquerque, for petitioner.

Bradley & McCulloch, Sarah M. Bradley, Albuquerque, for respondents.

OPINION

SOSA, Senior Justice.

In Russell v. Protective Ins. Co. (1987), we ruled that NMSA 1978 §§ 59A-16-1 to -30 (Trade Practices and Fraud), and particularly §§ 59A-16-20 and -30, allow a cause of action against workers' compensation insurers for bad faith refusal to pay compensation benefits to workers. We held that the cause of action must be for damages unrelated to the worker's physical or psychological job-related disability...

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