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Employer Can't Sue 3rd Party for Accident that Drove Up Comp Premiums

By Sherri Okamoto (Legal Reporter)

Friday, December 11, 2015 | 0

The New Mexico Court of Appeals this week ruled that an employer cannot recover economic losses -- in the form of increased insurance premiums and lost profits resulting from unsuccessful bids on new jobs -- from a third party who was allegedly responsible for causing its employees' accident. "For a number of reasons, and without exception, other jurisdictions have uniformly rejected the precise claims plaintiff advances," the court said Monday in National Roofing v. Alstate Steel. As a general rule, a tortfeasor is held liable only to the party who is directly injure...

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