reglab/housing_qa huggingface dataset:
NM Stat § 59A-14-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14 - Surplus Line Insurance|Section 59A-14-5 - Signature and special endorsement of surplus lines policy.

Every insurance contract procured and delivered as surplus lines insurance pursuant to Chapter 59A, Article 14 NMSA 1978 shall bear the name, address and signature of the surplus lines broker who procured it and have stamped, printed or otherwise displayed prominently in boldface ten-point or larger type either upon its declarations page or by attachment of an endorsement, the form of which may be promulgated by the superintendent, the following: "This policy provides surplus lines insurance by an insurer not otherwise authorized to transact business in New Mexico. This policy is not subject to supervision, review or approval by the superintendent of insurance. The insurance so provided is not within the protection of any guaranty fund law of New Mexico designed to protect the public in the event of the insurer's insolvency.". History: Laws 1984, ch. 127, § 243; 1991, ch. 125, § 16; 1999, ch. 111, § 1. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, substituted "lines" for "line" in the section heading; in the first sentence, substituted "lines" for "line", deleted "upon its declarations page" following "displayed", and inserted "either upon its declarations page or by attachment of an endorsement, the form of which may be promulgated by the superintendent". The 1991 amendment, effective April 3, 1991, rewrote this section which read "Every insurance contract procured and delivered as surplus line coverage pursuant to this article shall bear the signature of the surplus line broker who procured it and have stamped, printed or otherwise displayed upon it the following: 'this contract is registered and delivered as a surplus line coverage under the insurance laws of New Mexico by an insurer not otherwise authorized to transact business in that state and not subject to supervision, or examination by the superintendent of insurance. The insurance so provided is not within the protection of any guaranty fund law of New Mexico'."
NM Stat § 59A-14-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14 - Surplus Line Insurance|Section 59A-14-6 - Surplus line insurance valid.

Insurance contracts procured as surplus line coverage from unauthorized insurers in accordance with the article shall be fully valid and enforceable as to all parties, and shall be given recognition in all matters and respects and to the same effect as like contracts issued by authorized insurers. History: Laws 1984, ch. 127, § 244.
NM Stat § 59A-14-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14 - Surplus Line Insurance|Section 59A-14-8 - Repealed.

ANNOTATIONSRepeals. — Laws 2003, ch. 202, § 16 repealed 59A-14-8 NMSA 1978, as enacted by Laws 1984, ch. 127, § 246, relating to a bond required of applicants for surplus line broker licenses, effective June 20, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.
NM Stat § 59A-14-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14 - Surplus Line Insurance|Section 59A-14-9 - Surplus line broker may accept business from insurance producers; compensation of others prohibited.

A. A surplus line broker may accept and export surplus line business from and for any insurance producer licensed by this state for the kind of insurance involved, and may compensate the insurance producer therefor. B. A surplus line broker shall not directly or indirectly compensate any person other than a licensed insurance producer for origination of business. This provision shall not be deemed to prohibit payment of regular salaries to the surplus line broker's employees or sharing of compensation with other persons entitled thereto under firm and corporate agreements and surplus line broker licenses. Violation of this provision is a misdemeanor. History: Laws 1984, ch. 127, § 247; 2016, ch. 89, § 57. ANNOTATIONSCross references. — For general penalty provision, see 59A-1-18 NMSA 1978. For penalty for misdemeanor, see 31-19-1 NMSA 1978. The 2016 amendment, effective July 1, 2017, in the catchline, added "Surplus line", deleted "agents" and added "insurance producers"; in Subsection A, after "any insurance", deleted "agent or broker" and added "producer", and after "may compensate the", deleted "agent or broker" and added "insurance producer"; and in Subsection B, after "any person other than", deleted "such", after "a licensed", deleted "agent or broker as to" and added "insurance producer for", and after "origination of", deleted "such". Severability. — Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 59A-14-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14 - Surplus Line Insurance|Section 59A-14-10 - Office and records.

A. A surplus line broker shall maintain an office accessible to the public wherein transactions under his license may be transacted. Nothing herein shall be deemed to prohibit maintenance of the office in the surplus line broker's place of residence, subject to accessibility above stated. B. The surplus line broker shall keep in the office complete records of surplus line insurance business transacted, including, but not limited to, income and disbursements, copies of all policies, endorsements, cancellations, filing documents, reports and other related records. The records shall be made available for examination by the superintendent at all times within seven years after issuance of a coverage to which the record relates. C. The surplus line broker shall immediately notify the superintendent in writing of any change of office address. Failure to notify the superintendent of a change of address within twenty days shall subject the licensee to a penalty in the amount of fifty dollars ($50.00). History: Laws 1984, ch. 127, § 248; 2003, ch. 202, § 8. ANNOTATIONSThe 2003 amendment, effective June 20, 2003, deleted "in this state" following "broker shall maintain" in Subsection A; in Subsection B, deleted "surplus line broker shall not remove the records from this state, and the" following "related records. The", substituted "seven" for "five (5)" following "all times within"; and added the last sentence in Subsection C.
NM Stat § 59A-14-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14 - Surplus Line Insurance|Section 59A-14-12 - Repealed.

History: Laws 1984, ch. 127, § 250; 1999, ch. 111, § 3; 2011, ch. 156, § 9; 2017, ch. 130, § 11; repealed by Laws 2018, ch. 57, § 31. ANNOTATIONSRepeals. — Laws 2018, ch. 57, § 31 repealed 59A-14-12 NMSA 1978, as enacted by Laws 1984, ch. 127, § 250, relating to Premium tax on surplus lines insurance, effective January 1, 2020. For provisions of former section, see the 2019 NMSA 1978 on NMOneSource.com.
NM Stat § 59A-14-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14 - Surplus Line Insurance|Section 59A-14-13 - Examination of surplus line broker.

A. The superintendent whenever deemed necessary may examine the records and accounts of any surplus line broker for determining whether the surplus line broker is conducting business in accordance with the requirements of this article. B. The superintendent shall conduct the examination, and the surplus line broker shall pay the cost thereof, as provided in the applicable provisions of Article 4 [Chapter 59A, Article 4 NMSA 1978] (examinations, hearings and appeals) of the Insurance Code. History: Laws 1984, ch. 127, § 251.
NM Stat § 59A-14-15 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14 - Surplus Line Insurance|Section 59A-14-15 - Liability of insurer.

A. As to a risk assumed by an unauthorized insurer under Chapter 59A, Article 14 NMSA 1978, and if the premium thereon has been received by the producing broker or the surplus lines broker who placed the insurance, in all questions thereafter arising under the coverage between the insurer and the insured the insurer shall be deemed to have received the premium due it for the coverage; and the insurer shall be liable to the insured for losses covered by the insurance and for unearned premiums that may become payable to the insured upon cancellation of the insurance, whether or not in fact the surplus lines broker is indebted to the insurer as to the insurance or for any other cause. B. Each unauthorized insurer assuming a surplus lines risk under Chapter 59A, Article 14 NMSA 1978 shall be deemed thereby to have subjected itself to the terms of this section. History: Laws 1984, ch. 127, § 253; 1991, ch. 125, § 19. ANNOTATIONSThe 1991 amendment, effective April 3, 1991, substituted "Chapter 59A, Article 14 NMSA 1978" for "this article" in Subsections A and B; in Subsection A, inserted "the producing broker or" near the beginning and substituted "lines broker" for "line broker" in two places; substituted "lines risk" for "line risk" in Subsection B; and made a minor stylistic change in Subsection A.
NM Stat § 59A-14-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14 - Surplus Line Insurance|Section 59A-14-16 - Legal process against surplus line insurer; venue.

A. An unauthorized insurer shall be sued, upon any cause of action arising in this state under any surplus line insurance policy issued by it, in the district court of the county in which the cause of action arose. B. Service of legal process against the insurer may be made in any such action by service upon the superintendent as provided for in Section 99 [59A-5-32 NMSA 1978] of the Insurance Code. C. Each surplus line insurer may file with the superintendent designation in writing of the name and address of the person to whom the superintendent shall forward legal process served upon him as process attorney for the insurer. The insurer may change such designation by filing a new designation with the superintendent. The surplus line broker placing surplus line insurance with an unauthorized insurer shall take reasonable steps to inform the insurer of its right to file such designation. D. Upon receipt of such process the superintendent shall promptly mail one copy thereof, by certified or registered mail with return receipt requested, to the person currently designated by the insurer pursuant to Subsection C, above; and if no such designation has been made or is not currently in force, the process shall be so mailed addressed to the insurer at its home office last of record with the superintendent, wherever located. The insurer shall have thirty (30) days from date of service upon the superintendent within which to plead, answer or otherwise defend the action. Upon service of process upon the superintendent and mailing in accordance with this provision the court shall be deemed to have jurisdiction in personam of the insurer. E. An unauthorized insurer issuing the policy shall be deemed thereby to have authorized service of process against it in the manner and to the effect as provided in this section. Any such policy shall contain a provision stating that service of process against it may be made upon the superintendent as in this section provided. History: Laws 1984, ch. 127, § 254.
NM Stat § 59A-14-17 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14 - Surplus Line Insurance|Section 59A-14-17 - Certain other provisions applicable.

In addition to provisions generally applicable, the following provisions of the Insurance Code shall also apply as to surplus line brokers: A. Section 210 [209] [59A-12-8 NMSA 1978[repealed]] (controlled business); B. Section 218 [59A-12-17 NMSA 1978] (scope of license); and C. Section 223 [59A-12-22 NMSA 1978] (fiduciary funds). History: Laws 1984, ch. 127, § 255. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law. The reference to § 210 of the Insurance Code is apparently incorrect. The section dealing with controlled business is § 209 compiled as 59A-12-8 NMSA 1978. Section 210, compiled as 59A-12-9 NMSA 1978, provides a limitation on the construction of § 209. Laws 2016, ch. 89, § 70 repealed 59A-12-8 NMSA 1978, effective July 1, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com. Cross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-14-18 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14 - Surplus Line Insurance|Section 59A-14-18 - Repealed.

History: Laws 1984, ch. 127, § 256; repealed by Laws 2018, ch. 57, § 31. ANNOTATIONSRepeals. — Laws 2018, ch. 57, § 31 repealed 59A-14-18 NMSA 1978, as enacted by Laws 1984, ch. 127, § 256, relating to violations and penalties, effective January 1, 2020. For the provisions of former section, see the 2019 NMSA 1978 on NMOneSource.com.
NM Stat § 59A-14-19 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14 - Surplus Line Insurance|Section 59A-14-19 - National database; participation required.

No later than July 21, 2012, the superintendent shall participate in the national insurance producer database of the association, or any other equivalent uniform national database, for the licensure of surplus lines brokers and the renewal of the licenses. History: Laws 2011, ch. 156, § 10. ANNOTATIONSEffective dates. — Laws 2011, ch. contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature. Applicability. — Laws 2011, ch. 156, § 11 provided that the provisions §§ 3 through 10 of Laws 2011, ch. 156 are applicable to insurance policies issued on or after July 21, 2011.
NM Stat § 59A-14A-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14A - Surplus Lines Insurance Multistate Compliance Compact (Repealed.)|Section 59A-14A-1 - Repealed.

History: Laws 2011, ch. 156, § 1; repealed by Laws 2017, ch. 130, § 19.ANNOTATIONSRepeals. — Laws 2017, ch. 130, § 19 repealed 59A-14A-1 NMSA 1978, as enacted by Laws 2011, ch. 156, § 1, relating to the Surplus Lines Insurance Multistate Compliance Compact, entered into, effective July 1, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com.
NM Stat § 59A-14A-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 14A - Surplus Lines Insurance Multistate Compliance Compact (Repealed.)|Section 59A-14A-2 - Repealed.

History: Laws 2011, ch. 156, § 2; repealed by Laws 2017, ch. 130, § 19.ANNOTATIONSRepeals. — Laws 2017, ch. 130, § 19 repealed 59A-14A-2 NMSA 1978, as enacted by Laws 2011, ch. 156, § 2, relating to the Surplus Lines Insurance Multistate Compliance Compact, state representative, effective July 1, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com.
NM Stat § 59A-15-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-1 - Purposes of article.

The purpose of this article [Chapter 59A, Article 15 NMSA 1978] is to subject certain persons and insurers to the jurisdiction of the superintendent and the courts of this state in suits by or on behalf of the state and others. The legislature declares that it is concerned with the protection of residents of this state against acts by insurers not authorized to do an insurance business in this state, by the maintenance of fair and honest insurance markets, by protecting authorized insurers which are subject to regulation from unfair competition by unauthorized insurers, and by protecting against the evasion of the insurance regulatory laws of this state. In furtherance of such state interest, the legislature provides methods in this article for substituted service of process upon such insurers in any proceeding, suit or action in any court and substituted service of any notice, order, pleading or process upon such insurers in any proceeding by the superintendent to enforce or effect full compliance with the insurance laws of this state. In so doing, the state exercises its powers to protect residents of this state and to define what constitutes transacting an insurance business in this state, and also exercises powers and privileges available to this state by virtue of Public Law 79-15, (1945), 79th Congress of the United States, Chapter 20, 1st Sess., S. 340, 59 Stat. 33; 15 U.S.C. Secs. 1011 to 1015, inclusive, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states. History: Laws 1984, ch. 127, § 257. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 37 to 54.
NM Stat § 59A-15-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-2 - Representing or aiding unauthorized insurer prohibited.

A. No person shall in this state directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any unauthorized insurer in solicitation, negotiation, procurement or effectuation of insurance or renewals thereof, or forwarding of applications, or delivery of policies or contracts, or inspection of risks, or fixing of rates, or investigation or adjustment of claims or losses, or collection or forwarding of premiums, or in any other manner represent or assist such insurer in transaction of insurance in this state. B. This section shall not apply as to: (1) matters authorized to be done by the superintendent under service of process provisions of Chapter 59A, Article 15 NMSA 1978; (2) transactions for which certificate of authority is not required of an insurer under Section 59A-5-11 NMSA 1978; (3) subject to Subsection B of Section 59A-5-10 NMSA 1978, insurances exempt from the surplus line law under Section 59A-14-1 NMSA 1978; (4) insurance policies and annuity contracts in force in this state prior to the effective date of the Insurance Code, transactions as to which shall be governed by laws in force immediately prior to such effective date; or (5) a transaction or transactions in this state involving contracts of insurance to one or more industrial insureds. For the purposes of this section, an industrial insured is an insured: (a) which procures the insurance of any risk by the use of the services of a full-time employee acting as a risk manager or insurance manager or by utilizing the services of a regularly and continuously qualified insurance consultant; (b) which has aggregate annual premiums for insurance on all risks of at least twenty-five thousand dollars ($25,000); and (c) which has at least twenty-five full-time employees. C. Violation of this section shall be subject to the general penalty provided under Section 59A-1-18 NMSA 1978. History: Laws 1984, ch. 127, § 258; 1987, ch. 259, § 15. ANNOTATIONSEffective dates. — Laws 1984, ch. 127, § 999 made the Insurance Code effective January 1, 1985.
NM Stat § 59A-15-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-3 - Inclusion of unauthorized insurer in coverage.

No insurance agent licensed in this state shall include, or permit inclusion, in any insurance coverage of a subject of insurance resident, located or to be performed in this state and placed by the agent, of an unauthorized insurer among the insurers assuming direct risk under such coverage. This section shall not apply as to coverages exempt under Section 258 [59A-15-2 NMSA 1978] of this article. History: Laws 1984, ch. 127, § 259.
NM Stat § 59A-15-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-5 - Validity of contract not impaired; right of insurer as to court action.

Failure of an insurer transacting insurance in this state to have a certificate of authority shall not impair the validity of any act or contract of the insurer and shall not prevent the insurer from defending any action in any court in this state; but no such insurer shall be permitted to maintain an action in any court of this state to enforce any right, claim or demand arising out of any such transaction, other than as to a surplus line coverage duly written through a licensed surplus line broker of this state, until the insurer has obtained a certificate of authority. History: Laws 1984, ch. 127, § 260.
NM Stat § 59A-15-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-6 - Superintendent is attorney of unauthorized insurer for service of process.

Any act of transacting an insurance business in this state by any unauthorized insurer is equivalent to and shall constitute an irrevocable appointment by such insurer, binding upon him, his executor or administrator, or successor in interest if a corporation, of the superintendent or his successor in office, to be the true and lawful attorney of the insurer upon whom may be served all lawful process in any action, suit or proceeding in any court by the superintendent or by the state or others, and upon whom may be served any notice, order, pleading or process in any proceeding before the superintendent, and which arises out of transacting an insurance business in this state by such insurer. Any act of transacting an insurance business in this state by any unauthorized insurer shall be signification of its agreement that any such lawful process in such court action, suit or proceeding and any such notice, order, pleading or process in such administrative proceeding before the superintendent so served shall be of the same legal force and validity as personal service of process in this state upon the insurer. History: Laws 1984, ch. 127, § 261. ANNOTATIONSLaw reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).