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MARTINEZ v. CORNEJO

Nos. 27,382, 27,383.

208 P.3d 443 (2008)

2009-NMCA-011

Roxanne MARTINEZ, Orlando Sena, Charlie Jimenez, Jr., Adan Carriaga, and Christa Okon, Plaintiffs-Appellants, v. Jose CORNEJO, Defendant-Appellee. and Ramon Gallegos, Plaintiff-Appellant, v. Allstate Insurance Company, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,448, January 5, 2009.

Attorney(s) appearing for the Case

Berardinelli Law Firm, L.L.C., David J. Berardinelli, Santa Fe, NM, for Appellants.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Lisa Mann, Jennifer A. Noya, Albuquerque, NM, Steptoe & Johnson L.L.P., Bennett Evan Cooper, Phoenix, AZ, for Appellees.

OPINION

FRY, Judge.

{1} In this case, we resolve two questions that require us to interpret the Trade Practices and Frauds Act (the TPFA) of the Insurance Code, NMSA 1978, § 59A-16-1 to -30 (1984, as amended through 2007). First, we consider whether a manager of a group of insurance adjusters can be held personally liable for violations of the TPFA. We hold that such an employee is subject to the private right of action created by Section...

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