In any action where an insured prevails against an insurer who has not paid a claim on any type of first party coverage, the insured person may be awarded reasonable attorney's fees and costs of the action upon a finding by the court that the insurer acted unreasonably in failing to pay the claim.
§ 39-2-1 NMSA 1978
Attorney's fees and costs; insured prevailing in action based on any type of first party coverage against insurer
Applied in 2 court decisions — leading case 107 F. App'x 867 - Sipp v. Unum Provident Corp. (2004)
Most recently applied in 107 F. App'x 867 - Sipp v. Unum Provident Corp. (August 2004)
1953 Comp., § 58-8-36, enacted by Laws 1977, ch. 113, § 1.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.