Arguedas v. Seawright
- Case Date: 8/2/2017
- Project Name: Reining in the Plaintiffs' Bar
On August 2, 2017, WLF filed a brief in the New Mexico Court of Appeals in a class-action lawsuit brought by three State Farm Mutual Automobile Insurance Co. auto policyholders under New Mexico’s Unfair Practices Act (UPA). The plaintiffs allege that a State Farm insurance agent violated the UPA by not providing them with adequate information to make an informed decision on purchasing uninsured or unknown motorist (UM) coverage. But, as WLF’s brief points out, because none of the plaintiffs suffered any actual damages on account of their UM coverage, they are not entitled to class-wide relief under the UPA. If the appeals court alters the statute to provide the plaintiffs the relief they seek, WLF argues that it would violate the separation of powers under New Mexico’s constitution, undercut the state legislature’s public-policy goals, and impose unbearable liability on businesses throughout the state.
More Information and Downloads:
8/2/2017: Download the Brief