QUYNH TRUONG, Armie Sy, Miranda Daniele, Warren Hopper, Sandra Martinez, and Michael Martinez, Plaintiffs-Petitioners,
v.
ALLSTATE INSURANCE COMPANY, a foreign corporation, Susan Cary, and John Does 1-500, Defendants-Respondents, and
Computer Sciences Corporation, Intervenor.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
March 4, 2010.
March 4, 2010.
Attorney(s) appearing for the Case
Morgan & Macy, Attorneys, Ltd., Ron Morgan, Edwin E. Macy, Whitney Buchanan, P.C., Whitney Buchanan, Albuquerque, NM, Parry, Deering, Futscher & Sparks, P.S.C. Ron Parry, Covington, KY, for Petitioners.
Modrall, Sperling, Roehl, Harris & Sisk, P.A., Lisa Mann, Jennifer A. Noya, Albuquerque, NM, Steptoe & Johnson L.L.P., Jon T. Neumann, Bennett Evan Cooper, Floyd P. Bienstock, Phoenix, NM, for Respondents.
Sutin, Thayer & Browne, Jay D. Hertz, Albuquerque, NM for Intervenor.
Sanders & Westbrook, P.C., Maureen A. Sanders, Albuquerque, NM, for Amicus Curiae, Insurance Division of New Mexico Public Regulation Commission.
Miller Stratvert, P.A., Ruth Fuess, Kelsey D. Green, Albuquerque, NM, for Amicus Curiae, Property Casualty Insurers Association of America.
Gary K. King, Attorney General, Karen J. Meyers, Assistant Attorney General, Stephen Vigil, Assistant Attorney General, Nanette E. Erdman, Assistant Attorney General, Santa Fe, NM, for Amicus Curiae, Attorney General of New Mexico.
Supreme Court of New Mexico.
OPINION
DANIELS, Justice.
{1} In this class action case, we are asked to determine the applicability of an exemption to the Unfair Practices Act (UPA), NMSA 1978, Sections 57-12-1 to -22 (1967, as amended through 1999), that bars UPA suits based on "actions or transactions expressly permitted under laws administered by a regulatory body of New Mexico." Section 57-12-7 (emphasis added).
{2} Plaintiffs, a certified...
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