New Mexico § 52-1-28.1 - Unfair claim-processing practices; bad faith

Full text of New Mexico New Mexico Statutes Annotated § 52-1-28.1 — Unfair claim-processing practices; bad faith, with citation guidance and answers to common questions.

§ 52-1-28.1. Unfair claim-processing practices; bad faith

A. Claims may be filed under the Workers' Compensation Act alleging unfair claim-processing

practices or bad faith by an employer, insurer or claim-processing representative

relating to any aspect of the Workers' Compensation Act. The director may also investigate allegations of unfair claim processing or bad

faith on his own initiative. B. If unfair claim processing or bad faith has occurred in the handling of a particular

claim, the claimant shall be awarded, in addition to any benefits due and owing, a

benefit penalty not to exceed twenty-five percent of the benefit amount ordered to

be paid. C. If an employer, insurer or claim-processing representative has a history or pattern

of repeated unfair claim-processing practices or bad faith, the director or a workers'

compensation judge may impose a civil penalty of up to one thousand dollars ($1,000)

for each violation. The civil penalty shall be deposited in the workers' compensation administration

fund. D. Any person aggrieved by an order under this section may request a hearing pursuant

to the Workers' Compensation Act. E. The director shall adopt by regulation definitions of unfair claim-processing practices

and bad faith. F. This section shall not be construed as limiting or interfering with the authority

of the superintendent of insurance as provided by law to regulate any insurer, including

his jurisdiction over unfair claim settlement practices.

Source: official New Mexico text · Last verified 2026-08-27

Frequently Asked Questions About New Mexico § 52-1-28.1

What does New Mexico Statutes Annotated § 52-1-28.1 cover?

Section 52-1-28.1 ("Unfair claim-processing practices; bad faith") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Mexico § 52-1-28.1?

A common citation format is "New Mexico Statutes Annotated § 52-1-28.1" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Mexico law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.

How does New Mexico § 52-1-28.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.