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DYDEK v. DYDEK

Nos. 30,775, 30,804.

288 P.3d 872 (2012)

2012-NMCA-088

Lowell Richard DYDEK, Petitioner, v. Mary Olene DYDEK, Respondent. and Joseph E. Gant, III, in his capacity as Receiver, Intervening Plaintiff-Appellant/Cross Appellee, USAA Casualty Insurance Company, Defendant-Appellee/Cross-Appellant. and Lowell R. Dydek, and Mary O. Dydek, Defendants.

Court of Appeals of New Mexico.

July 9, 2012.

Attorney(s) appearing for the Case

The McClenahan Law Firm, PLLC, Barry A. McClenahan , San Antonio, TX, Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco , Jocelyn Drennan , Albuquerque, NM, for Appellee.

Michael B. Browde , Albuquerque, NM, Randy K. Clark, P.C., Randy K. Clark , Roswell, NM, for Appellant.

OPINION

BUSTAMANTE, Judge.

{1} This is an insurance bad faith action brought by Joseph Gant (Receiver) on behalf of Lowell Dydek (Husband). Following a bench trial, the district court ruled that "USAA breached its contract with [Husband] by failing to act in good faith to make a timely policy limits settlement offer to Mary Dydek [Wife] and causing a Judgment in the amount of 2.8 million dollars to be entered against [Husband]." The district...

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