2013 New Mexico Statutes
Chapter 59A - Insurance Code
Article 16 - Trade Practices and Frauds
Section 59A-16-30 - Private right of action. (1990)
59A-16-30. Private right of action. (1990)
Any person covered by Chapter 59A, Article 16 NMSA 1978 who has suffered damages as a result of a violation of that article by an insurer or agent is granted a right to bring an action in district court to recover actual damages. Costs shall be allowed to the prevailing party unless the court otherwise directs. The court may award attorneys' fees to the prevailing party if:
A. the party complaining of the violation of that article has brought an action that he knew to be groundless; or
B. the party charged with the violation of that article has willfully engaged in the violation.
The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state; provided, however, that the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] and the New Mexico Occupational Disease Disablement Law provide exclusive remedies.
History: Laws 1984, ch. 127, § 296.1; 1990 (2nd S.S.), ch. 2, § 91.
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