Statutes > New Mexico Statutes > Chapter 39 - Judgments, Costs, Appeals. > Article 2 - Attorneys' Fees and Costs, 39-2-1 through 39-2-14. > Section 39-2-1 - Attorney's fees and costs; insured prevailing in action based on any type of first party coverage against insurer.

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.