New Mexico Disability Insurance Claims

We are a healthcare/professional disability insurance law firm with a national reputation for obtaining successful results for our clients. Our firm has represented physicians, dentists, lawyers, executives and other professionals throughout the country, with the goal of securing and protecting their entitlement to benefits on own-occupation disability insurance policies.

We consult with physicians, dentists, attorneys and business executives filing disability claims throughout New Mexico, including the Albuquerque, Las Cruces, and Santa Fe areas. If you’d like to discuss your particular claim with our attorneys, we are happy to set up a free consultation.

Below are some resources for policyholders filing disability insurance claims in New Mexico. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.

Does New Mexico Recognize Insurance Bad Faith?

New Mexico does recognize that insurers have a duty of good faith. As explained by the Supreme Court of New Mexico, “[a]n insurer is subject to a common law and statutory duty of good faith.” State Farm Mut. Auto. Ins. Co. v. Fennema, 2005-NMSC-010, ¶ 12, 137 N.M. 275, 279, 110 P.3d 491, 495.

When it comes to punitive damages, the Supreme Court of New Mexico has instructed that “a punitive-damages instruction should be given to the jury in every common-law insurance-bad-faith case where the evidence supports a finding either (1) in failure-to-pay cases (those arising from a breach of the insurer’s duty to timely investigate, evaluate, or pay an insured’s claim in good faith), that the insurer failed or refused to pay a claim for reasons that were frivolous or unfounded, or (2) in failure-to-settle cases (those arising from a breach of the insurer’s duty to settle a third-party claim against the insured in good faith), that the insurer’s failure or refusal to settle was based on a dishonest or unfair balancing of interests.” Sloan v. State Farm Mut. Auto. Ins. Co., 2004-NMSC-004, ¶ 2, 135 N.M. 106, 108, 85 P.3d 230, 232.

Additionally, the Supreme Court of New Mexico has held that “[a]n insurer’s frivolous or unfounded refusal to pay is the equivalent of a reckless disregard for the interests of the insured, and a dishonest or unfair balancing of interests is no less reprehensible than reckless disregard, which has historically justified an award of punitive damages.” Id.

The case excerpts above are not meant to be a comprehensive discussion of each state’s first-party bad faith or disability insurance law. They are merely meant to act as a resource/starting point for those interested in learning more about how insurance bad faith works in their state.

You should always speak with an attorney before making any legal arguments relating to your disability claim.

Notable New Mexico Disability Insurance Claims

Wilson v. Massachusetts Mut. Life Ins., No. D0101 CV-98-02814 (N.M. Dist. Nov. 15, 1999) (New Mexico policyholder sued his insurer for not disclosing the details about its premiums charges; the court determined that the disability insurance company “had an affirmative obligation to disclose to its insured’s the difference between what the insured would pay if the insured chose to pay the annual premium amount at once and what the insured would pay if the insured chose to pay the annual premium amount in installments over the course of the year”).

Barrows v. Mut. Life Ins. Co. of N.Y., 1944-NMSC-026, 48 N.M. 206, 147 P.2d 362 (New Mexico policyholder filed for disability after contracting pulmonary tuberculosis; the disability insurance company paid benefits for 12 years but then terminated the claim, asserting that there was no ongoing proof of impairment; the court held that she remained disabled, in part due to the “presumption of continuance of a physical bodily condition, once established”).

Common Disability Claim Questions

What should I expect when filing a disability claim?

What issues am I most likely to face handling my disability insurance claim alone?

Why are disability insurance claims made by physicians, dentists and other professionals especially targeted for denial or termination?

My disability claim was just denied. What should I do now?

What can my insurance company do when it is investigating my claim?

Do insurance companies conduct surveillance and, if so, when are they watching?

Why does my insurer want to conduct a field interview?

How can I tell if I have a true own-occupation policy?

What are the different types of disability policies?

New Mexico Federal District Court Locations

Professional disability claims are often filed in, or removed to, Federal Court given the amounts in controversy. When we work with local counsel to be admitted pro hac vice, we identify the courthouse that is closest to you. Below is a list of the primary Federal Courthouses in New Mexico, but there may be satellite courthouses that are closer to where you live.

Albuquerque. Pete V. Domenici U.S. Courthouse, 333 Lomas Boulevard N.W., Albuquerque, NM 87102; U.S. Historic Courthouse 421 Gold Avenue S.W., Albuquerque, NM 87102.

Las Cruces. 103 N. Church Street, Las Cruces, NM 88001.

Santa Fe. Santiago E. Campos U.S. Courthouse, 106 S. Federal Place, Santa Fe, NM 87501.

Who Do Your Disability Insurance Attorneys Represent?

The lists below provide a representative overview of the types of professionals we represent, the disability companies we file claims with and litigate against, and a non-exhaustive list of some of the disabling conditions our prior clients have had.

Professionals

Physician Claims & Resources | Dentist Claims & Resources

Disability Insurance Companies

Disabling Conditions

The information provided above is offered purely for informational purposes. It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice.

Every claim is unique and the discussion above is only a limited summary of information that may be relevant to your claim. An experienced disability insurance attorney can help you assess your particular disability claim, or potential disability claim, and determine what options are available to you.

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