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SLOAN v. STATE FARM MUT. AUTO. INS. CO.

No. 27,928.

85 P.3d 230 (2004)

135 N.M. 106

2004-NMSC-004

In re Joseph Edward Sloan, Debtor. Joseph Edward SLOAN and Byron Z. Moldo, Chapter 7, Trustee, Plaintiffs-Appellants and Cross-Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

January 20, 2004.

Attorney(s) appearing for the Case

Tucker Law Firm, P.C., Steven L. Tucker, Santa Fe, NM, Eaton, Martinez, Hart & Valdez, P.C., Steven J. Vogel, Vigil & Vigil, P.A., Lisa K. Vigil, Albuquerque, NM, for Appellants and Cross-Appellees.

Guebert, Bruckner & Bootes, P.C., Terry R. Guebert, Donald G. Bruckner Jr., Ramona G. Bootes, Albuquerque, NM, for Appellee and Cross-Appellant.

OPINION

CHÁVEZ, Justice.

{1} In this insurance-bad-faith case, arising from an insurance company's failure to settle a third-party lawsuit against its insured, we are asked to clarify whether a culpable mental state in addition to bad faith is required for the imposition of punitive damages. The following question was certified to us by the United States Court of Appeals for the Tenth Circuit, in accordance with Rule 12-607 NMRA 2003:

Is an...

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