· 7/29/1994
Paiz v. State Farm Fire & Casualty Co.
Citations
- 880 P.2d 300
- 118 N.M. 203
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that every contract in New Mexico contains an implied covenant of good faith and fair dealing
- holding there must be evidence of an “evil motive” or “a culpable mental state” to support an award of punitive damages
- holding there must be evidence of an \evil motive\ or \a culpable mental state\ to support an award of punitive damages
- observing that the appellant bears the burden of providing a record sufficient to justify reversal
- stating that in awarding punitive damages the inquiry should be on whether the wrongdoer acted in contravention of the victim’s rights while being consciously aware the conduct was wrongful
- holding in a punitive damages case that “a defendant acting with gross negligence ... cannot, solely because the defendant acted with such negligence, be regarded as having a culpable or ‘evil’ state of mind”
Source: CourtListener parenthetical corpus (CC0).
Judges: Montgomery, Ransom, Baca, Franchini, Frost
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.