"Where there is no duty to defend and no right to indemnification under an insurance policy, courts have dismissed claims for bad faith and violations of the UIPA [New Mexico Unfair Insurance Practices Act]." Mayer Botz Enter's LLC v. Cent. Mut. Ins. Co., No. 1:21-cv-00992-MLG-LF, 2024 WL 1015145, at *4 (D.N.M. March 8, 2024) (summary judgment entered for carrier on first-party bad-faith and UIPA claims).
The latest decisions on the issue of whether there can be a cause of action or an actionable claim for insurer bad faith even when there is no insurance coverage under the policy at issue (some courts hold that there can), are explored at length in first-party and in third-party bad faith cases in the 2 Volumes of DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH (3d Edition West Publishing Co., 2024 Supplements in process).
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