reglab/housing_qa huggingface dataset:
NM Stat § 59A-18-20 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-20 - Underwriters' and combination policies.

A. Two (2) or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters' policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department and such policy shall plainly show the true name of the insurer. B. Two (2) or more insurers may, with the superintendent's approval, issue a combination policy containing additional provisions substantially as follows: (1) that the insurers executing the policy shall be severally liable for the full amount of any loss or damage, according to the terms of the policy, or for specified percentages or amounts thereof, aggregating the full amount of insurance under the policy; and (2) that service of process, or of any notice or proof of loss required by such policy, upon any of the insurers executing the policy shall constitute service upon all such insurers. C. This section does not apply to cosurety obligations. History: Laws 1984, ch. 127, § 349.
NM Stat § 59A-18-21 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-21 - Validity, construction of noncomplying forms.

A. A policy delivered or issued for delivery after the effective date of the Insurance Code [Chapter 59A NMSA 1978] to any person in this state in violation of the Insurance Code but otherwise binding on the insurer, shall be held valid, but shall be construed as provided in the Insurance Code. B. Any condition, omission or provision not in compliance with the requirements of the Insurance Code and contained in any policy, rider or endorsement issued after the effective date of the Insurance Code and otherwise valid shall not thereby be rendered invalid but shall be interpreted and applied in accordance with such condition, omission or provision as would have applied had the same been in full compliance with the Insurance Code. History: Laws 1984, ch. 127, § 350. ANNOTATIONSEffective dates. — Laws 1984, ch. 127, § 999 made the Insurance Code effective January 1, 1985. Cross references. — For existing forms and filings, see notes following 59A-5-21 NMSA 1978. Where unsigned insurance policy enforceable. — Insurance policy was not void or otherwise unenforceable because the insured did not sign the application or consent to the policy in writing. If the insured consents to, and even directs, procurement of an insurance policy on his life and believes that he is thereby insured, permitting the insurance company to avoid liability when the insured dies would not further the purpose of 59A-18-8 NMSA 1978, which is to protect the insurer against speculation on his life and foul play. Jackson Nat'l Life Ins. Co. v. Receconi, 1992-NMSC-019, 113 N.M. 403, 827 P.2d 118.
NM Stat § 59A-18-22 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-22 - Binders.

A. While acting within the scope of authority granted by the insurer, binders or other contracts for temporary insurance may be made by a producer orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as superseded by the clear and express terms of the binder.B. No binder shall be valid beyond the issuance of the policy as to which given, or beyond ninety days for written binders, fifteen days for oral, from its effective date, whichever period is the shorter.C. If the policy has not been issued, a binder may be extended or renewed beyond such ninety or fifteen days with the written approval of the insurer.D. This section shall not apply as to life or health insurances; and binders under the standard fire policy are governed by Section 492 of the Insurance Code and not by this section. History: Laws 1984, ch. 127, § 351; 2021, ch. 108, § 14. ANNOTATIONSCompiler's notes. — Section 492 of the Insurance Code, referred to in Subsection D, was set out in Laws 1984, ch. 127, as reserved. The 2021 amendment, effective July 1, 2021, in Subsection A, after "made by", changed "an agent" to "a producer". Binder is temporary contract of insurance which is intended to give temporary protection pending investigation of the risk and issuance of a formal written policy. Nance v. L.J. Dolloff Assocs., Inc., 2006-NMCA-012, 138 N.M. 851, 126 P.3d 1215. But not written contract as basis for breach. — Because a binder is a contract of insurance and not a contract for insurance, even if there is a binder, and thus a written contract, it is not a written contract upon which can be based a claim for breach of contract. Nance v. L.J. Dolloff Assocs., Inc., 2006-NMCA-012, 138 N.M. 851, 126 P.3d 1215.
NM Stat § 59A-18-23 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-23 - Delivery of policy, motor vehicle vendors, mortgagees, pledgees.

A. If the original policy is delivered or is so required to be delivered to or for deposit with any vendor, mortgagee or pledgee of any motor vehicle, in which policy any interest of the vendee, mortgagor or pledgor in or with respect to such vehicle is insured, a duplicate of the policy setting forth the name and address of the insurer, insurance classification of vehicle, type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy, or memorandum thereof containing the same information, shall be delivered by the vendor, mortgagee or pledgee to each such vendee, mortgagor or pledgor named in the policy or coming within the group of persons designated in the policy to be so included. If the policy does not provide coverage of legal liability of the vendee, mortgagor or pledgor for injury to persons or damage to property of third parties, a statement of such fact shall be printed, written or stamped conspicuously on the face of the duplicate policy or memorandum. B. This section does not apply to inland marine floater policies. History: Laws 1984, ch. 127, § 352. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Insurer's duty, and effect of its failure, to provide insured or payee with copy of policy or other adequate documentation of its terms, 78 A.L.R.4th 9.
NM Stat § 59A-18-24 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-24 - Insurance producers; whom they represent.

A licensed insurance producer appointed as insurance producer by an insurer shall, in any controversy between the insured or the insured's beneficiary and the insurer, be held to be the agent of the insurer that issued the insurance solicited or applied for, anything in the application or policy to the contrary notwithstanding; and a broker licensed to transact insurance business in this state, in any controversy between the insured or the insured's beneficiary and the insurer issuing the insurance through its licensed insurance producer at request of the broker, shall be held to be the agent of the insured, anything in the application or policy to the contrary notwithstanding, unless under particular circumstances it is found that the broker is representing the insurer. This section shall not apply as to surplus line brokers, nor as to acts of the insurance producer in fraud or attempted fraud of the insurer or acts of the broker in fraud or attempted fraud of the insured. History: Laws 1984, ch. 127, § 353; 2016, ch. 89, § 60. ANNOTATIONSThe 2016 amendment, effective July 1, 2017, replaced "agent" and "broker" with "insurance producer" throughout the section; in the catchline, added "they"; in the first sentence, deleted "Any" and added "A", after "between the insured or", deleted "his" and added "the insured's", after "agent of the insurer", deleted "which" and added "that", after "notwithstanding; and", deleted "any" and added "a", after "controversy between", deleted "any" and added "the", and after "insured or", deleted "his" and added "the insured's". 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. Clause prohibiting waiver by agent ineffective. — A clause in an insurance application prohibiting a waiver of conditions in the application except by an endorsement of an officer of the insurer could not operate to prevent the waiver by the insurer's agent of the conditions in the application requiring the insured to notify the insurer of his changed health and conditioning delivery of the policy on the insured's health remaining the same prior to delivery of the policy where the insurer's agent requested payment of the insurance premium after the insured had notified the agent of his changed health. Jackson Nat'l Life Ins. Co. v. Receconi, 1992-NMSC-019, 113 N.M. 403, 827 P.2d 118.
NM Stat § 59A-18-25 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-25 - Allowance for inflation.

Where amounts of insurance under group, blanket or other forms of life, annuity or health insurance coverage are now or hereafter limited to specified dollar amounts by any provision of the Insurance Code, the insurer may, with the superintendent's approval and notwithstanding the statutory limit otherwise applicable, increase the dollar amount of coverage in particular policies or contracts as reasonably necessary to offset devaluation of dollar purchasing power because of inflation, and to provide current coverage in amount reasonably related to dollar purchasing power at the time such statutory limit was enacted. The superintendent may promulgate reasonable rules and regulations for effectuation of this section under which the increased amounts of coverage may be applied generally and without approval by the superintendent of increases in each instance. History: Laws 1984, ch. 127, § 354. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-18-26 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-26 - Payment discharges insurer.

Whenever the proceeds of or payments under a life or health insurance policy or annuity contract heretofore or hereafter issued become payable in accordance with the terms of the policy or contract, or exercise of any right or privilege thereunder, and the insurer makes payment thereof in accordance with the terms of the policy or contract or in accordance with any written assignment thereof, the person then designated in the policy, contract or assignment as being entitled thereto shall be entitled to receive such proceeds or payments and to give full acquittance therefor; and such payments shall fully discharge the insurer from all claims under the policy or contract unless, before payment is made, the insurer has received at its home office written notice by or on behalf of some other person that such other person claims to be entitled to such payment or some interest in the policy or contract. History: Laws 1984, ch. 127, § 355.
NM Stat § 59A-18-27 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-27 - Forms of proof of loss to be furnished.

Upon receiving due notice of a claim of loss under an insurance contract issued or assumed by it, an insurer shall promptly furnish to the insured claimant such forms of proof of loss as it may require for completion by such person, but the insurer shall not have any responsibility for or with respect to completion of such proof or the manner of any such completion or attempted completion. History: Laws 1984, ch. 127, § 356.
NM Stat § 59A-18-27.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-27.1 - Universal claim forms.

A. The superintendent shall devise or designate universal forms to be utilized by every health insurer, including health maintenance organizations, nonprofit health plans and fraternal organizations offering any type of health coverage for individuals residing in this state, for the purpose of receiving claims under their policies. In preparing the forms, the superintendent may consult with insurers, trade associations and other interested parties. Upon adoption of the final forms by the superintendent, he shall notify the insurers affected by sending them a specimen copy of the adopted forms and an explanation of the requirements of this section. Every covered insurer shall begin using the adopted forms not later than six months following the date of the superintendent's notification. B. A health insurer may not refuse to accept a claim submitted on uniform claim forms adopted pursuant to Subsection A of this section, but may accept claims submitted on any other form. C. A health insurer does not violate this section by using a claim form that the insurer has been required to use by the state or federal government. History: 1978 Comp., § 59A-18-27.1, enacted by Laws 1993, ch. 126, § 2.
NM Stat § 59A-18-28 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-28 - Notice; waiver.

The acknowledgment by any insurance company of the receipt of notice given under any policy covered by this code [Chapter 59A NMSA 1978], or the furnishing of forms for filing proofs of loss, or the acceptance of such proofs, or the investigation of any claim thereunder shall not operate as a waiver of any of the rights of the insurance company in defense of any claim arising under such policy. History: Laws 1984, ch. 127, § 357. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Liability insurer's postloss conduct as waiver of, or estoppel to assert, "no-action" clause, 68 A.L.R.4th 389.
NM Stat § 59A-18-30 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-30 - Disclosure of premium and claim data.

A. An insurer shall for a policy of insurance coverage provide the named insured of the policy with premium and claim data within sixty days of receipt of a written request from the named insured. B. As used in this section "premium and claim data" shall include: (1) the sum of all premiums charged or billed by the insurer for the insurance policy; (2) the sum of all amounts paid out pursuant to claims covered under the policy; (3) a list of all pending claims against the policy which are open; and (4) cumulative loss or claim reserves chargeable to the policy. C. None of the provisions of this section shall be applicable to life insurance policies or group insurance policies. History: 1978 Comp., § 59A-18-31, enacted by Laws 1987, ch. 281, § 1. ANNOTATIONSCompiler's notes. — This section was enacted as 59A-18-31 NMSA 1978 by Laws 1987, ch. 281, § 1. However, since no Section 59A-18-30 NMSA 1978 existed, the section was redesignated.
NM Stat § 59A-18-31 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-31 - Accident and health policy or certificate provisions relating to individuals who are eligible for medical benefits under the medicaid program.

A. Each individual or group policy or certificate of accident or health insurance that is delivered, issued for delivery or renewed in this state shall include provisions that require benefits paid on behalf of a child or other insured person under the policy or certificate to be paid to the human services department when: (1) the human services department has paid or is paying benefits on behalf of the child or other insured person under the state's medicaid program pursuant to Title XIX of the federal Social Security Act, 42 U.S.C. 1396, et seq.; (2) payment for the services in question has been made by the human services department to the medicaid provider; and (3) the insurer is notified that the insured individual receives benefits under the medicaid program and that benefits must be paid directly to the human services department. B. The notice required under Paragraph (3) of Subsection A of this section may be accomplished through an attachment to the claim by the human services department for insurance benefits when the claim is first submitted by the human services department to the insurer. C. Notwithstanding any other provisions of law, checks in payment for claims pursuant to any individual or group policy or certificate of accident or health insurance for health care services provided to insured individuals who are also eligible for benefits under the medicaid program and provided by medical providers qualified to participate under the policy or certificate shall be made payable to the provider. The insurer may be notified that the insured individual is eligible for medicaid benefits through an attachment to the claim by the provider for insurance benefits when the claim is first submitted by the provider to the insurer. D. No individual or group accident or health policy or certificate delivered, issued for delivery or renewed in this state on or after the effective date of this section shall contain any provision denying or limiting insurance benefits because services are rendered to an insured who is eligible for or who has received medical assistance under the medicaid program of this state. E. To the extent that payment for covered expenses has been made pursuant to the state medicaid program for health care items or services furnished to an individual, in any case where an insurer has a legal liability to make payments, the state is considered to have acquired the rights of the individual to payment by the insurer for those health care items or services. History: 1978 Comp., § 59A-18-31, enacted by Laws 1989, ch. 183, § 1; 1994, ch. 64, § 1. ANNOTATIONSCompiler's notes. — The phrase "effective date of this section", referred to in Subsection D, means June 16, 1989, the effective date of Laws 1989, ch. 183. The 1994 amendment, effective July 1, 1994, added Subsection E.
NM Stat § 59A-18-33 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-33 - Notice.

A. An organization that publishes information regarding the effectiveness of community fire protection or building code information, including public protection classifications, community grading, building code effectiveness classifications or fire suppression rating schedules for use by residential property insurers in this state, shall provide notice of any unfavorable change in a community's classification to the office of superintendent of insurance.B. Upon receiving notice of an unfavorable change in a community's public protection classification, community grading, building code effectiveness classification or fire suppression rating schedule, the office of superintendent of insurance shall issue a bulletin notifying insurers of the change and the communities affected and instructing insurers to notify customers who may be adversely affected by the unfavorable change within ninety days of the publication of the bulletin.History: Laws 2019, ch. 84, § 1. ANNOTATIONSEffective dates. — Laws 2019, ch. 84, § 2 made Laws 2019, ch. 84 effective January 1, 2020.
NM Stat § 59A-19-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 19 - Policy Language Simplification|Section 59A-19-1 - Short title; exclusive control.

A. This article [59A-19-1 to 59A-19-7 NMSA 1978] may be referred to as the "Policy Language Simplification Law". B. No other statute of this state setting language simplification standards shall apply as to any policy forms. History: Laws 1984, ch. 127, § 360. ANNOTATIONSLaw reviews. — For annual survey of New Mexico law relating to commercial law, see 12 N.M.L. Rev. 173 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — Policy provision limiting time within which action may be brought on the policy as applicable to tort action by insured against insurer, 66 A.L.R.4th 859.
NM Stat § 59A-19-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 19 - Policy Language Simplification|Section 59A-19-2 - Scope of article.

A. This article applies as to all policies, group certificates, benefit or service certificates, contracts, plans or agreements providing coverage as to life or health of human beings, and delivered or issued for delivery in this state by any insurer, fraternal benefit society, nonprofit health service corporation, prepaid health care plan, dental care plan, vision care plan, pharmaceutical plan, health maintenance organization and all similar organizations now or hereafter authorized to transact business in this state under any law of this state. The superintendent shall, by regulation, make this article applicable to any other policy, certificate, contract, plan or agreement of insurance when he determines that person delivering or issuing can reasonably comply with the provisions of this article. B. This article shall not apply as to: (1) any policy which is a security subject to federal jurisdiction; (2) any group policy covering a group of one thousand (1,000) or more lives at date of issue, other than a group credit life insurance policy or a group credit health insurance policy; except, that any certificate issued pursuant to a group policy and delivered or issued for delivery in this state is not exempt; (3) any group annuity contract which is a funding vehicle for a pension, profit-sharing or deferred compensation plan; (4) any form used in connection with, or as a conversion from, or as an additon [addition] to, or in exchange pursuant to a contractual provision for, a policy delivered or issued for delivery in this state on an initial form approved or permitted to be issued prior to the date such initial form must be approved under this article; or (5) the renewal of a policy delivered or issued for delivery prior to the date such policy form must be approved under this article. History: Laws 1984, ch. 127, § 359. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 59A-19-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 19 - Policy Language Simplification|Section 59A-19-3 - Definitions.

For the purposes of this article: A. "issuer" means the insurer, fraternal benefit society, nonprofit health service corporation, prepaid health plan, dental care plan, vision care plan, pharmaceutical plan, health maintenance organization or other organization referred to in Subsection A of Section 359 [59A-19-2 NMSA 1978] of this code; and B. "policy" means any policy, group certificate, benefit or service contract, plan or agreement referred to in Subsection A of Section 359 of this code. History: Laws 1984, ch. 127, § 361.
NM Stat § 59A-19-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 19 - Policy Language Simplification|Section 59A-19-5 - Superintendent may allow lower reading ease score.

The superintendent may, in his sole discretion, authorize use of a policy form having a lower score than the Flesch reading ease score required in Paragraph A(1) of Section 362 [59A-19-4 NMSA 1978] of this article if he finds that a lower score: A. will provide a more accurate reflection of the readability of a policy form; B. is warranted by the nature of a particular policy form or type or class of policy forms; or C. is caused by certain policy language which is drafted to conform to requirements of any state law, regulation or agency interpretation. History: Laws 1984, ch. 127, § 363.