reglab/housing_qa huggingface dataset:
NM Stat § 59A-16-29 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16 - Trade Practices and Frauds|Section 59A-16-29 - Penalties.

In addition to any applicable suspension, revocation or refusal to continue any certificate of authority or license under the Insurance Code, a penalty for violation of any provision of this article may be imposed by the superintendent in accordance with Section 59A-1-18 NMSA 1978. History: 1978 Comp., § 59A-16-29, enacted by Laws 1991, ch. 111, § 13. ANNOTATIONSRepeals and reenactments. — Laws 1991, ch. 111, § 13 repealed former 59A-16-29 NMSA 1978, as enacted by Laws 1984, ch. 127, § 296, relating to penalties, and enacted a new section, effective July 1, 1991. Cross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto. Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance § 59. Value of insured's assets as limitation, in action by insured or insured's assignee for liability insurer's wrongful failure to defend, on recovery of amount of judgment against insured in excess of policy amount, 36 A.L.R.4th 922. 44 C.J.S. Insurance §§ 96, 97.
NM Stat § 59A-16A-1 to 59A-16A-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16A - Insurance Fraud Reporting Immunity (Repealed.)|Section 59A-16A-1 to 59A-16A-4 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 115, § 18 repealed 59A-16A-1 to 59A-16A-4 NMSA 1978, amended by Laws 1991, ch. 86, §§ 1-4, relating to Insurance Fraud Reporting Immunity Act, effective July 1, 1998. For provisions of former sections, see the 1997 NMSA 1978 on NMOneSource.com. For new similar provisions, see Chapter 59A, Article 16C NMSA 1978.
NM Stat § 59A-16B-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16B - Domestic Abuse Insurance Protection|Section 59A-16B-1 - Short title.

Sections 1 through 10 [59A-16B-1 to 59A-16B-10 NMSA 1978] of this act may be cited as the "Domestic Abuse Insurance Protection Act". History: Laws 1997, ch. 141, § 1.
NM Stat § 59A-16B-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16B - Domestic Abuse Insurance Protection|Section 59A-16B-2 - Purpose of act.

The purpose of the Domestic Abuse Insurance Protection Act is to prohibit insurers from unlawfully discriminating on the basis of domestic abuse by using the fact of domestic abuse or the insurer's determination of a person's abuse status as an insurance criterion or rating factor. The Domestic Abuse Insurance Protection Act protects victims of domestic abuse, domestic abuse shelters and others from being unlawfully discriminated against in insurance matters. History: Laws 1997, ch. 141, § 2.
NM Stat § 59A-16B-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16B - Domestic Abuse Insurance Protection|Section 59A-16B-5 - Justification of adverse insurance underwriting decisions.

An insurer that takes an underwriting action that adversely affects a victim of domestic abuse on the basis of a medical condition, claims history or other underwriting information that the insurer knows is abuse-related shall explain the reason for its action to the applicant or insured in writing and, upon request, shall be able to demonstrate that its action and any applicable plan provision: A. does not treat abuse status as a medical condition or underwriting criterion; B. is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar condition or claims history without regard to whether the condition, history or claim is abuse-related; and C. is based on a determination, made in conformance with sound actuarial principles and supported by reasonable statistical evidence, or related to actual or reasonably anticipated experience, that there is a correlation between the medical condition, claims history or other underwriting information and a material increase in insurance risk. History: Laws 1997, ch. 141, § 5.
NM Stat § 59A-16B-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16B - Domestic Abuse Insurance Protection|Section 59A-16B-6 - Insurance company procedures to protect the safety and privacy of victims of domestic abuse.

The superintendent, in consultation with public safety officials who specialize in domestic abuse matters or with a recognized domestic abuse advocacy group, shall adopt regulations that specify procedures to be followed by an insurer's employees, contractors, agents and brokers for the purpose of protecting the safety and privacy of victims of domestic abuse involved in an insurance action, including claims investigation and subrogation. History: Laws 1997, ch. 141, § 6.
NM Stat § 59A-16B-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16B - Domestic Abuse Insurance Protection|Section 59A-16B-7 - Rules and regulations.

The superintendent may adopt, in accordance with Section 59A-2-9 NMSA 1978, rules and regulations necessary to administer provisions of the Domestic Abuse Insurance Protection Act. History: Laws 1997, ch. 141, § 7.
NM Stat § 59A-16B-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16B - Domestic Abuse Insurance Protection|Section 59A-16B-9 - Applicability.

The provisions of the Domestic Abuse Insurance Protection Act apply to all insurers as defined in that act, including the following: A. fraternal benefit societies pursuant to Chapter 59A, Article 44 NMSA 1978; B. health maintenance organizations and their promoters, sponsors, directors, officers, employees, agents, solicitors and other representatives pursuant to Chapter 59A, Article 46 NMSA 1978; C. health care plans and their promoters, sponsors, directors, officers, employees, agents, solicitors and other representatives pursuant to Chapter 59A, Article 47 NMSA 1978; D. prepaid dental plan organizations and their sponsors, directors, officers, personnel and representatives and member contracts pursuant to Chapter 59A, Article 48 NMSA 1978; and E. motor clubs and their sponsors, directors, officers, representatives, personnel and operations pursuant to Chapter 59A, Article 50 NMSA 1978. History: Laws 1997, ch. 141, § 9.
NM Stat § 59A-16B-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16B - Domestic Abuse Insurance Protection|Section 59A-16B-10 - Civil administrative penalty; superintendent's orders.

A. In lieu of the civil administrative penalty provided for in Subsection B of Section 59A-1-18 NMSA 1978, and except as otherwise provided in this section, a separate civil administrative penalty may be assessed for a second or subsequent violation of the Domestic Abuse Insurance Protection Act. That administrative penalty shall be not over ten thousand dollars ($10,000) for each violation, except that if the violation is to be found willful and intentional, the penalty may be up to twenty thousand dollars ($20,000) for each violation. Every administrative penalty shall be imposed by written order of the superintendent made after hearing held as provided in Chapter 59A, Article 4 NMSA 1978. B. A monetary penalty imposed may be in addition to any applicable suspension, revocation or denial of a license or certificate of authority. C. The superintendent may issue any order he deems necessary or appropriate to prevent or correct any violation, including a first-time violation, of the Domestic Abuse Insurance Protection Act, except the initial order on a first-time violation may not require a suspension, revocation or denial of a license or certificate of authority. If, however, that initial order of the superintendent is violated, he may then impose the monetary penalty authorized in this section in addition to any applicable suspension, revocation or denial of a license or certificate of authority or take any other action authorized in the Insurance Code. History: Laws 1997, ch. 141, § 10. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-16C-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-1 - Short title.

Chapter 59A, Article 16C NMSA 1978 may be cited as the "Insurance Fraud Act". History: Laws 1998, ch. 115, § 1; 2018, ch. 42, § 1. ANNOTATIONSThe 2018 amendment, effective March 1, 2018, deleted "This act" and added "Chapter 59A, Article 16C NMSA 1978".
NM Stat § 59A-16C-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-2 - Findings; purpose.

A. The legislature finds that insurance fraud is pervasive and expensive, and has the potential for increasing premium rates, placing businesses at risk, reducing the ability of consumers to raise their standard of living and decreasing the economic vitality of the state. Therefore, the legislature believes that the state must aggressively confront the problem of insurance fraud. B. The purpose of the Insurance Fraud Act is to permit the full utilization of the expertise of the superintendent of insurance to investigate and detect insurance fraud more effectively, to halt insurance fraud and to work with state, local and federal law enforcement and regulatory agencies against the commission of insurance fraud. History: Laws 1998, ch. 115, § 2.
NM Stat § 59A-16C-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-3 - Definitions.

As used in the Insurance Fraud Act: A. "fund" means the insurance fraud fund; B. "insurance fraud" means any act or practice in connection with an insurance transaction that constitutes a crime under the Criminal Code or the Insurance Code; C. "insurance transaction" means any act or practice relating to insurance and includes complying with the Insurance Code or any rule adopted under its authority; and D. "superintendent" means the superintendent of insurance. History: Laws 1998, ch. 115, § 3. ANNOTATIONSCross references.Criminal Code. — For the Criminal Code, see Chapter 30 NMSA 1978. For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-16C-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-4 - Superintendent's duties.

The superintendent shall: A. initiate inquiries and conduct investigations when the superintendent has reason to believe that insurance fraud may have been or is being committed; B. respond to notifications or complaints of suspected insurance fraud generated by state and local police or other law enforcement authorities and governmental units, including the federal government and any other person; C. review notices and reports of insurance fraud submitted by authorized insurers, their employees, agents or producers or by public adjusters and select those incidents of alleged fraud that, in the superintendent's judgment, require further investigation and conduct the investigations; D. conduct independent investigations and examinations of insurance transactions and alleged insurance fraud, conduct studies to determine the extent of insurance fraud, deceit or intentional misrepresentation of any kind in the insurance process and publish information and reports on the office of superintendent of insurance's examinations and studies; E. report incidents of alleged insurance fraud supported by investigations and examinations to the appropriate district attorney and any other appropriate law enforcement, administrative, regulatory or licensing agency and assemble evidence, prepare charges and otherwise assist any prosecutorial authority having jurisdiction over insurance fraud enforcement; F. assist any official or agency of this state, any other state or the federal government that requests assistance in investigating insurance fraud; G. maintain records and information in order to produce an annual report of the superintendent's activities undertaken in connection with carrying out the provisions of the Insurance Fraud Act; H. conduct, in cooperation with the attorney general and the department of public safety, public outreach and awareness programs on the costs of insurance fraud to the public and how members of the public can assist themselves, the superintendent and law enforcement officials in preventing and prosecuting insurance fraud; and I. assign staff and maintain the automobile theft prevention authority. History: Laws 1998, ch. 115, § 4; 2017, ch. 76, § 12; 2018, ch. 42, § 3. ANNOTATIONSThe 2018 amendment, effective March 1, 2018, required the superintendent of insurance to assign staff and maintain the automobile theft prevention authority; and added Subsection I. The 2017 amendment, effective June 16, 2017, revised the duties of the superintendent of insurance by including the review of notices and reports of insurance fraud submitted by public adjusters, and made technical changes; in Subsection C, after "agents or producers", added "or by public adjusters", and after "in", deleted "his" and added "the superintendent's"; in Subsection D, after "reports on", deleted "its" and added "the office of superintendent of insurance's"; and in Subsection G, after "annual report of", deleted "his" and added "the superintendent's".
NM Stat § 59A-16C-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-5 - Superintendent's authority.

The superintendent may: A. select and contract with investigative personnel and prosecutors to discharge the superintendent's duties pursuant to the provisions of the Insurance Fraud Act; B. conduct statewide investigations and prosecutions related to automobile theft; C. coordinate with law enforcement agencies to investigate and with the attorney general and district attorneys to prosecute cases involving stolen vehicles and insurance fraud; and D. promulgate rules relating to the creation and operation of the automobile theft prevention authority. History: Laws 1998, ch. 115, § 5; 2018, ch. 42, § 4. ANNOTATIONSThe 2018 amendment, effective March 1, 2018, authorized the superintendent of insurance to conduct statewide investigations and prosecutions related to automobile theft, to coordinate with law enforcement agencies to investigate and with the attorney general and district attorneys to prosecute cases involving stolen vehicles and insurance fraud, and to promulgate rules relating to the creation and operation of the automobile theft prevention authority; in the introductory clause, after "superintendent", deleted "is authorized to" and added "may"; added subsection designation "A"; in Subsection A, after "discharge", deleted "his" and added "the superintendent's"; and added Subsections B through D.
NM Stat § 59A-16C-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-6 - Notice and cooperation required; tolling period.

A. Every insurer or licensed insurance professional that has a reasonable belief that an act of insurance fraud will be, is being or has been committed shall furnish and disclose knowledge and information about it to the superintendent and shall cooperate fully with any investigation conducted by the superintendent. Failure to comply with this subsection shall constitute grounds for the superintendent to impose an administrative penalty pursuant to Section 59A-1-18 NMSA 1978 in addition to any applicable suspension, revocation or denial of a license or certificate of authority. B. A person who has a reasonable belief that an act of insurance fraud will be, is being or has been committed, or any person who collects, reviews or analyzes information concerning insurance fraud, may furnish and disclose any information in his possession concerning the insurance fraud to the superintendent or to an authorized representative of an insurer that requests the information for the purpose of detecting, prosecuting or preventing insurance fraud. C. If an insurer has a reasonable belief or probable cause to believe that an insurance fraud has been committed and has properly notified the superintendent of its suspicion, that notification shall toll any applicable time period in any unfair claims proceeding based on the alleged fraud until thirty days after determination by the superintendent and notice to the insurer that the superintendent will not recommend action on the claim. The determination by the superintendent shall not be admissible in any subsequent civil proceeding. D. The superintendent, in cooperation with insurers or others, may establish a voluntary fund to reward persons not connected with the insurance industry who provide information or furnish evidence leading to the arrest and conviction of persons responsible for insurance fraud. History: Laws 1998, ch. 115, § 6.
NM Stat § 59A-16C-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-7 - Immunity from civil liability; private insurance fraud reports and enforcement actions.

A. The provisions of Section 59A-4-21 NMSA 1978 regarding immunity from civil liability for enforcement actions performed in good faith by the superintendent, his authorized representatives and examiners shall apply to the Insurance Fraud Act. B. Except when a person intentionally communicates false information he actually believes to be false, a person shall not be subject to liability by virtue of reporting or furnishing, orally or in writing, information concerning suspected, anticipated or completed insurance fraud acts when the report or information is provided to: (1) the department of insurance, the superintendent or law enforcement agencies, their officials, agents or employees; (2) the national association of insurance commissioners, a federal or state governmental agency or office established to detect and prevent insurance fraud, any other organization established for the same purpose and their agents, employees or designees; or (3) the anti-fraud unit of an insurer. C. A person identified in Subsection B of this section or any of the person's officers, employees or agents when performing authorized activities, including the publication or dissemination of any related bulletin or reports, shall not be subject to civil liability for libel, slander or any other relevant tort or a civil cause of action of any nature, except if the person, officer, employee or agent intentionally communicates false information he actually believes to be false. D. This section shall not abrogate or modify in any way any privilege or immunity recognized by common law or statute. E. The court shall award attorney fees and costs to any person identified in Subsection B of this section or any of that person's officers, employees or agents who is a prevailing party in a civil cause of action against him for libel, slander or any other relevant tort arising out of conduct pursuant to the Insurance Fraud Act if the party bringing the action was not substantially justified in bringing such action. For the purposes of this subsection, "substantially justified" means having a reasonable basis in law or fact at the time a proceeding was initiated. F. The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other laws of this state. History: Laws 1998, ch. 115, § 7.
NM Stat § 59A-16C-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-8 - Warning required.

Within six months of the effective date of the Insurance Fraud Act all claim forms and applications for insurance shall contain a statement permanently affixed to the application or claim form which states substantially as follows: "ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES." The failure to include that statement shall not constitute a defense against prosecution for commission of insurance fraud. History: Laws 1998, ch. 115, § 8.
NM Stat § 59A-16C-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-9 - Report of conviction.

If any person licensed by any agency of any state or the federal government or holding credentials from any professional organization is convicted of insurance fraud in this state, the superintendent shall notify the appropriate licensing or credentialing authority of the judgment for appropriate disciplinary action. History: Laws 1998, ch. 115, § 9.
NM Stat § 59A-16C-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-10 - Insurer anti-fraud initiatives; special investigative units.

A. Within six months of the effective date of the Insurance Fraud Act and by July 1 of each succeeding year every insurer who in the previous calendar year reported ten million dollars ($10,000,000) or more in direct written premiums in New Mexico shall establish, prepare, implement and submit to the superintendent an anti-fraud plan that is reasonably calculated to detect, prosecute and prevent insurance fraud. Any subsequent amendments to the plan shall be submitted to the superintendent at the time they are adopted. B. Each insurer's anti-fraud plan shall outline, at a minimum, guidelines appropriate to the type of insurance the insurer writes, to: (1) prevent, detect and investigate all forms of insurance fraud; (2) educate appropriate employees on fraud detection and the insurer's anti-fraud plan; (3) provide for the hiring or contracting of fraud investigators; (4) report insurance fraud to appropriate law enforcement and regulatory authorities; and (5) pursue restitution, where appropriate, for financial loss caused by insurance fraud. C. The superintendent may review each insurer's anti-fraud plan to determine if it adequately complies with the requirements of this section. The superintendent may examine the insurer to assure its compliance with anti-fraud plans submitted to the superintendent. The superintendent may require reasonable modifications to the insurer's anti- fraud plan or may require other reasonable remedial action if the review or examination reveals substantial noncompliance with the plan. D. The superintendent may require each insurer to file a summary of the insurer's anti-fraud activities and results. Anti-fraud plans and summaries submitted to the superintendent shall be privileged and confidential, shall not be a public record and shall not be subject to discovery or subpoena in any civil or criminal action; provided, however, that the superintendent may make summaries of aggregate data available to the public. E. This section confers no private right of action. History: Laws 1998, ch. 115, § 10.
NM Stat § 59A-16C-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-11 - Investigators' powers.

A. The superintendent's investigators shall be peace officers pursuant to the provisions of Chapter 29, Article 1 NMSA 1978. B. An investigator who meets the requirements for certification for law enforcement training pursuant to Section 29-7-6 NMSA 1978 shall be authorized to carry a firearm. History: Laws 1998, ch. 115, § 11; 2005, ch. 245, § 1. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, deleted the former provision that the superintendent's investigators shall not be authorized to carry firearms; and added Subsection B to provide that an investigator who meets the requirements for certification for law enforcement training shall be authorized to carry a firearm.