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HOVET v. LUJAN

No. 22,276.

66 P.3d 980 (2003)

133 N.M. 611

2003-NMCA-061

Jane HOVET, Plaintiff-Appellant, v. Steven LUJAN, Arthur Lujan, Defendants, and Allstate Insurance Company, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted April 7, 2003.

Attorney(s) appearing for the Case

Thomas L. Grisham, Grisham & Lawless, P.A., Albuquerque, NM, for Appellant.

David W. Frizzell, Simone, Roberts & Weiss, P.A., Albuquerque, NM, for Appellees.

David J. Berardinelli, Berardinelli & Associates, Santa Fe, NM, William H. Carpenter, Carpenter & Chavez, Albuquerque, NM, for Amicus Curiae New Mexico Trial Lawyers Association.

Ann Maloney Conway, Deron B. Knoner, Huffaker & Conway, P.C., Albuquerque, NM, for Amicus Curiae New Mexico Defense Lawyers' Association.

Certiorari Granted, No. 27,969, April 7, 2003.

OPINION

ALARID, Judge.

{1} This case requires us to decide whether the public policy of New Mexico supports a direct private cause of action in favor of third-party claimants against automotive liability insurers who refuse to make good faith efforts to settle claims against their insureds. We hold that such a claim exists under the unfair claims practices provisions of the Insurance Code.

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