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America February 27, 2023 2 mins read

New Mexico Jury Awards $52M in Punitive Damages to Victims of Insurance Bad Faith Conduct

America ı By Samuel Lopez

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(USA Herald) - In a decade-long legal battle, a New Mexico jury has delivered a resounding verdict against Public Underwriters Liability Insurance Company (PULIC), a subsidiary of The Doctors Company. The jury found that the insurer violated the Unfair Practices Act, engaging in reckless disregard for the interests of the insured, and awarded $52 million in punitive damages.

The case centered around allegations of medical malpractice resulting in wrongful death against a doctor insured by PULIC. The families of the victims sued the doctor, but PULIC refused to defend or indemnify him for the claims. The families joined forces and followed the doctor into bankruptcy, with the trustee ultimately assigning the bad faith insurance lawsuit to the wrongful death estates.

After a decade of litigation, a New Mexico District Court held that PULIC owed the doctor a defense and indemnity for the wrongful death lawsuits, breached its insurance contract, and violated New Mexico’s Unfair Insurance Practices Act. The jury determined that PULIC acted willfully, resulting in the $52 million verdict.

The families’ attorneys, Mollie McGraw of McGraw Law and Ben Davis of Davis Kelin, hailed the verdict as a victory for justice and accountability. They hope that the verdict will send a clear message to insurance companies operating in New Mexico that they must keep their promises to their insureds.

The case serves as a warning to insurance companies that engaging in bad faith conduct can lead to severe consequences. Policyholders have the right to expect their insurers to act in good faith and honor their contractual obligations. When insurers fail to do so, policyholders may be entitled to recover damages, including punitive damages.

Samuel Lopez, a reporter for USA Herald, noted that the verdict sends a strong message to insurers that they must keep their promises to policyholders.

In conclusion, this case highlights the importance of holding insurers accountable for their actions and serves as a reminder that policyholders have the right to expect fair treatment from their insurers. The families of the victims in this case showed incredible perseverance in pursuing justice, and their victory should serve as an inspiration to others who have been wronged by insurance companies.

 

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Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

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