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New Mexico law

Insurance Disputes Laws in New Mexico.

New Mexico insurance law includes the Unfair Insurance Practices Act (NMSA 1978 §§ 59A-16-1 et seq.). New Mexico recognizes common-law first-party bad faith and third-party failure-to-settle bad faith. New Mexico is a pro-plaintiff insurance-litigation state, with punitive damages available for bad-faith conduct. The Unfair Practices Act (UPA) may also apply to insurance disputes with treble damages. The New Mexico Office of Superintendent of Insurance regulates insurers and handles consumer complaints.

Last verified: 2026-04-17

State law

Key New Mexico Statutes

Unfair Insurance Practices ActNMSA 1978 §§ 59A-16-1 et seq.

Prohibits specified unfair claim settlement practices. Private cause of action available where insured suffers damages from prohibited conduct.

Common-Law First-Party Bad FaithNew Mexico common law; Jackson Nat'l Life Ins. Co. v. Receconi, 113 N.M. 403 (1992)

First-party bad faith requires showing that the insurer acted with frivolous or unfounded refusal to pay. Punitive damages available.

Third-Party Bad FaithNew Mexico common law

Insurer's failure to settle a third-party claim within policy limits where an excess judgment is reasonably probable supports bad-faith claim by the insured.

UPA Application to InsuranceNMSA 1978 §§ 57-12-1 et seq.

UPA treble damages may apply to certain insurance-related misconduct, providing a parallel theory to traditional bad-faith claims.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Mexico.

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