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· 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 CourtListener

Sourced 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.