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NEW MEXICO STATUTES AND CODES

Section 39-2-1 - Attorney's fees and costs; insured prevailing in action based on any type of first party coverage against insurer.

39-2-1. Attorney's fees and costs; insured prevailing in action based on any type of first party coverage against insurer.

In any action where an insured prevails against an insurer who has not paid a claim on any type of first party coverage, the insured person may be awarded reasonable attorney's fees and costs of the action upon a finding by the court that the insurer acted unreasonably in failing to pay the claim.   

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