(Download) "Russell V. Protective Insurance Co." by New Mexico Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Russell V. Protective Insurance Co.
- Author : New Mexico Supreme Court
- Release Date : January 22, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
In Russell v. Protective Inc. Co. (1987), we ruled that NMSA 1978 §§ 59A-16-1 to -30 (Trade Practices and Fraud), and particularly §§ 59A-16-20 and -30, allow a cause of action against workers' compensation insurers for bad faith refusal to pay compensation benefits to workers. We held that the cause of action must be for damages unrelated to the worker's physical or psychological job-related disability. On October 13, 1987, respondents Protective Insurance Company (Insurer) and Merchants Fast Motorline, Inc. (Employer) filed their motion for rehearing urging us to reconsider our opinion in Russell and to allow "extensive briefs to be filed by the parties as well as other interested persons (amicus curiae) before making a final determination in this case." Upon consideration of respondents' motion, we withdraw the opinion originally submitted and substitute in its stead the following: