Stalter Law Blog

When the insurance company is delaying your claim, it can be tempting to sit and wait, hoping that the company will eventually come around and “do the right thing.” After all, as children we are taught to exercise patience. And we may believe that if the company perceives us as “pushy” it could...

Insurance bad faith takes many forms, including unreasonable delays and denials of legitimate claims. You may find yourself speaking to a different adjuster during every interaction, while the claim goes nowhere. Your claim may be denied for reasons that are unclear or contradict the policy. Wh...

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...

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...

If you have been injured and are considering hiring an attorney, you have likely wondered whether you can afford the legal fees that might arise.

 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...

Both collision coverage and uninsured motorist coverage potentially apply to your claim, depending on the facts of your case and the terms of your policy.

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...

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 ...

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...

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...

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...

According to the Albuquerque Journal, Albuquerque has the highest rate of auto thefts of any city in the United States. Worse, most of those cars that are recovered are contaminated with the fumes and residue of dangerous controlled substances such as methamphetamine. The remediation to make th...

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...

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...

What is exactly is an “excess” policy?

What do you do when you make a legitimate claim but the insurance company delays or denies payment?

There are important differences between collision coverage and UM/UIM coverage.

What happens if you get hit by uninsured motorist?

Have you heard of policy reformation? This is a powerful legal concept that can come into play when an insurance company or agent misled a customer.

I recently had the opportunity to represent a young man who earned extra income while making deliveries for an app. While on his way to pick up a delivery, he was hit by an uninsured motorist who ran a stop sign. My client's car was totaled. After he hired me, we made a claim for benefits unde...

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...

When the police found the vehicle six days after it was stolen, it was trashed--strewn with drug paraphernalia and contaminated with methamphetamine residue.

I recently represented a New Mexico retiree whose health insurance coverage was cancelled by an out-of-state administrator.