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MAES v. AUDUBON INDEM. INS. GROUP

No. 25,298.

127 P.3d 1126 (2005)

139 N.M. 39

2006-NMCA-021

Cora MAES, Plaintiff-Appellee, v. AUDUBON INDEMNITY INSURANCE GROUP, Defendant-Appellant.

Court of Appeals of New Mexico.

December 21, 2005.

Attorney(s) appearing for the Case

Dennis T. Sanchez, Dennis Sanchez Law Office, Taos, Maureen A. Sanders, Sanders & Westbrook, P.C., Albuquerque, for Appellee.

Ann Maloney Conway, Deron B. Knoner, Miller Stratvert, P.A., Albuquerque, for Appellant.

OPINION

PICKARD, J.

{1} In this case, we decide whether the FAIR Plan Act, codified at NMSA 1978, §§ 59A-29-1 to -9 (1985, as amended through 1999), provides immunity from a suit for bad faith insurance practices and pre- and post-judgment interest brought by an insured against the servicing insurer of the New Mexico FAIR Plan. We decide that the Act does provide immunity, and we reverse the district court's denial of the insurance company's motion...

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