PINCHEIRA v. ALLSTATE INS. CO.

No. 30,490.

190 P.3d 322 (2008)

2008-NMSC-049

Jose PINCHEIRA and Olivia Pincheira, Plaintiffs-Petitioners, v. ALLSTATE INSURANCE COMPANY, Defendant-Respondent.

Supreme Court of New Mexico.

Rehearing Denied August 5, 2008.


Attorney(s) appearing for the Case

Berardinelli Law Firm, David J. Berardinelli, Santa Fe, NM, for Petitioners.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Lisa Mann, Jennifer A. Noya, Albuquerque, NM, Steptoe & Johnson L.L.P., Bennett Evan Cooper, John T. Neumann, Phoeniz, AZ, for Respondent.

Michael B. Browde, Albuquerque, NM, for Amicus Curiae, New Mexico Trial Lawyers Association.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco, Albuquerque, NM, for Amicus Curiae, New Mexico Defense Lawyers Association.


OPINION

CHÁVEZ, Chief Justice.

{1} On motion for rehearing, the opinion filed June 20, 2008 is withdrawn, and the following opinion is substituted in its place. The motion for rehearing is otherwise denied.

{2} Over seven years ago, Jose and Olivia Pincheira (Plaintiffs) filed a complaint against Allstate Insurance Co. (Defendant) alleging bad faith, fraud, unfair trade practices, and other claims. The merits of those...

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