Mayer Botz Enterprises LLC v. Central Mutual Insurance Company, 720 F.Supp.3d 1081

Mayer Botz Enterprises LLC owned an insured property in Albuquerque, New Mexico, covered by Central Mutual Insurance Company from August 1, 2019, to August 1, 2020.
Mayer Botz claimed hail damage from an August 27, 2019, storm, submitting a claim over 20 months later, supported by their own estimate and hail reports.
Central Mutual investigated, and multiple independent inspectors/engineers concluded any significant hail damage occurred outside the policy period, notably during a 2018 storm, and found wear and tear as the main cause of deterioration.
Central Mutual denied coverage, asserting no covered event occurred during the policy period; Mayer Botz sued alleging breach of contract, bad faith, and violations of state insurance and trade practice statutes.
After discovery and the expert deadline, Central Mutual moved for summary judgment. The court granted summary judgment, dismissing all claims with prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Breach of Contract	Hailstorm in Aug 2019 caused covered property damage.	No qualifying hail event or damage during policy period.	For Defendant—no covered event during policy.
Bad Faith/UIPA	Insurer wrongfully denied claim and tailored investigation.	No duty to defend/indemnify when policy doesn't cover loss.	For Defendant—no coverage, so no bad faith/UIPA.
UPA Violation	Insurer acted deceptively and failed to properly investigate.	No evidence of unfair trade practices or deceptive conduct.	For Defendant—no UPA violation shown.
Punitive Damages	Entitled to punitive damages due to insurer’s conduct.	No substantive claim, so no basis for punitive damages.	For Defendant—no viable claim, so no damages.

White v. York Int'l Corp., 45 F.3d 357 (10th Cir. 1995) (summary judgment is appropriate where no genuine factual dispute).
Mason v. Texaco, Inc., 948 F.2d 1546 (10th Cir. 1991) (punitive damages require a viable cause of action).
Sanchez v. Clayton, 117 N.M. 761 (N.M. 1994) (punitive damages cannot stand alone, must follow a valid claim).