Stein

BACKGROUND

24 Plaintiffs Barbara Stein and Stuart Stein allege Defendant unlawfully denied them 25 insurance coverage after they sustained injuries in an automobile collision with an 26 27 28 uninsured driver. Plaintiffs suffered the accident in September of 2018 while driving in Colorado Springs, Colorado. (Third Am. Compl. (“TAC”), ECF No. 44, ¶ 1.) Plaintiffs allege the uninsured driver was the sole cause of the collision, and that due to the collision, they sustained permanent injuries and were required to undergo multiple surgeries. (Id. ¶¶ 2, 63.) In their TAC, Plaintiffs allege a breach of contract claim based on Defendant’s failure to timely investigate the collision and adequately compensate them under the uninsured motorist (“UM”) provisions of their automobile insurance policy. Plaintiffs further allege claims for breach of the implied covenant of good faith and fair dealing and violation of the New Mexico Unfair Insurance Practices Act, N.M. Stat. Ann. § 59A-16-20. Plaintiffs seek declaratory relief, contractual damages, attorney’s fees and costs. Plaintiffs also seek compensation for their personal…