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Stalter Law Blog

What are Medicare Conditional Payments?

Posted by Kenneth Stalter | Dec 08, 2020 | 0 Comments

If you are a Medicare recipient and were suffered an injury to do another person's negligence, you may have heard of Medicare Conditional Payments. Under federal law, when Medicare pays medical expenses related to injuries caused by a third party, these payments are considered “conditional.” Th...

Rideshare Collisions

Posted by Kenneth Stalter | Nov 30, 2020 | 0 Comments

Do you drive for a rideshare app such as Uber or Lyft? Have you looked at your automobile insurance policy? Will you be covered if you get in an accident while driving for the app? It may surprise you to learn that New Mexico law generally allows insurance carrier to exclude many types of cove...

New Mexico Mobile Home Park Law

Posted by Kenneth Stalter | Nov 14, 2020 | 0 Comments

 A mobile home park resident relies on the park owner to properly maintain the park. The park owner is also responsible for honoring the resident's legal rights.  Issues that can arise with park management involve plumbing and sewer system, water, electrical, and other utilities, drainage, a...

Uninsured, Underinsured, and Unknown Motorists

Posted by Kenneth Stalter | Jul 28, 2020 | 0 Comments

If you have been injured in an auto accident and the at-fault party lacks adequate insurance, you should consider the coverages available under your own policy. The benefits available to you could depend on the difference between three different types of at-fault drivers: uninsured motorists, und...

Insurance Bad Faith Cases with a Contingency Agreement

Posted by Kenneth Stalter | Jul 24, 2020 | 0 Comments

Are you a policyholder thinking of suing your insurance company, but worried about how to pay for quality legal representation? Consider a contingency fee agreement, meaning that the attorney fee is calculated as a portion of any settlement or judgment at the conclusion of the case, not on an ...

Sources of New Mexico Insurance law

Posted by Kenneth Stalter | Jul 21, 2020 | 0 Comments

In New Mexico law, the laws governing insurance companies generally fall into three categories. First, insurance companies must comply with statutes passed by the state legislature. These include statutes specific to the insurance companies, such as the New Mexico insurance code, as well as st...

First-Party Claims Compared to Third-Party Claims

Posted by Kenneth Stalter | Jul 16, 2020 | 0 Comments

What is the difference between a first-party insurance claim and a third-party insurance claim? As a general matter, in a first-party claim, you are the policyholder and you are making a claim on your own policy. In a third-party claim, you were harmed by the policyholder and you are making a c...

Misleading Insurance Sales Practices

Posted by Kenneth Stalter | Jul 13, 2020 | 0 Comments

New Mexico law generally prohibits insurance agents from making misrepresentations in their sales pitches. While many agents take this responsibility seriously, some do not. Unfortunately, you may not know that a sales presentation was misleading until you make a claim and find out that you do no...

Crucial Evidence in a Car Crash Case

Posted by Kenneth Stalter | Jun 01, 2020 | 0 Comments

Most of us know that it's important to remain on scene and contact the police following a motor vehicle accident. But did you know that failing to do so could be a crime? New Mexico law requires that in any accident involving property damage appearing to be over $500 or any bodily injury, the i...

Insurance Bad Faith Statute of Limitations

Posted by Kenneth Stalter | May 26, 2020 | 0 Comments

If you are considering a case against an insurance company, it's important to understand the statute of limitations. The statute of limitations is a law setting a deadline by which you must file suit—or lose your case forever. Figuring out what statute of limitations applies to your case, howe...

Unfair Claims Practices in New Mexico

Posted by Kenneth Stalter | Apr 30, 2020 | 0 Comments

Article 16 of the New Mexico Insurance Code prohibits insurance companies and adjusters from engaging in a variety of abusive practices. Also known as the Trade Practices and Frauds Act or the Unfair Claims Practices Act, the Act was designed to protect policyholders who make legitimate claims fo...

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