reglab/housing_qa huggingface dataset:
NM Stat § 59A-17-28 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-28 - Recording, reporting of experience.

The superintendent shall promulgate or approve reasonable rules, including rules providing statistical plans, for use by all insurers in the recording and reporting of loss and expense experience, so that the experience of an insurer may be made available to the superintendent at least annually in such form and detail as may be necessary to aid the superintendent in determining whether rating systems comply with applicable rate standards and requirements. In promulgating the rules and plans the superintendent shall give due consideration to the rating systems on file with the superintendent and, so that the rules and plans may be as uniform as practicable among the several states, to the rules and form of plans used for rating systems in other states. No insurer shall be required to record or report its experience on a classification basis inconsistent with its own rating system. The superintendent may designate one or more advisory organizations to assist the superintendent in gathering that experience and making compilations of that experience, which shall be made available to insurers, advisory organizations and the public. History: Laws 1984, ch. 127, § 323; 2007, ch. 367, § 28. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, changed "rate service organizations" to "advisory organizations".
NM Stat § 59A-17-29 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-29 - Exchange of data, consultation authorized.

A. The superintendent may promulgate reasonable rules and plans for interchange among insurers, advisory organizations and others, of data necessary for application of rating plans. B. For furtherance of uniformity in administration of rate regulatory laws, the superintendent and every insurer and advisory organization may exchange information and experience data with insurance regulatory officials, insurers and advisory organizations in this and other states and may consult with them as to rate making and the application of rating systems. History: Laws 1984, ch. 127, § 324; 2007, ch. 367, § 29. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, changed "rate service organizations" to "advisory organizations".
NM Stat § 59A-17-30 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-30 - Information to be furnished insureds; hearings and appeals of insureds.

A. Every advisory organization and every insurer that makes its own rates shall, within time frames promulgated by the superintendent or, in the absence of time frames, within a reasonable time after receiving written request, furnish to an insured affected by a rate made by it, or to the authorized representative of the insured, all pertinent information as to the rate. B. Every advisory organization and every insurer that makes its own rates shall provide within this state reasonable means whereby a person aggrieved by the application of its rating system may be heard, in person or by the person's authorized representative, on the person's written request to review the manner in which the rating system has been applied in connection with the insurance afforded the person. If the advisory organization or insurer fails to grant or reject the request within thirty days after it is made, the applicant may proceed in the same manner as if the application had been rejected. A party affected by the action of the rate service organization or the insurer on the request may, within thirty days after written notice of the action, appeal to the superintendent, who, after a hearing, may affirm or reverse the action. If, after the hearing, it is determined that the rates charged by an insurer are in excess of the otherwise appropriate rate, the overcharge shall be refunded to the insured. History: Laws 1984, ch. 127, § 325; 2007, ch. 367, § 30. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, changed "rate service organizations" to "advisory organizations"; authorized the superintendent to promulgate time frames for providing rate information to insureds; and provided for the refund of excessive rates to insureds.
NM Stat § 59A-17-31 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-31 - False or misleading information.

No person shall willfully withhold information from, or knowingly give false or misleading information to, the superintendent or statistical agency designated by the superintendent or advisory organization or insurer that will affect rates or rating plans under the Insurance Rate Regulation Law. Violation of this section shall be subject to the penalties provided under Section 59A-1-18 NMSA 1978. History: Laws 1984, ch. 127, § 326; 2007, ch. 367, § 31. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, changed "rate service organizations" to "advisory organizations". Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance § 69. 44 C.J.S. Insurance §§ 15 et seq., 96, 97.
NM Stat § 59A-17-32 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-32 - Examination of advisory and joint underwriting organizations, joint reinsurance pools and residual market mechanisms.

A. To be informed about any matter related to enforcement of provisions of the Insurance Code [Chapter 59A NMSA 1978], the superintendent may examine the affairs and condition of any advisory or joint underwriting organization, joint reinsurance pool or residual market mechanism. The superintendent shall examine every advisory organization and conduct the examinations at intervals established by rules promulgated by the superintendent. B. In lieu of all or part of an examination, or in addition to an examination, the superintendent may order an independent audit by certified public accountants or actuarial evaluation by actuaries approved by the superintendent, or may accept the report of an audit already made by certified public accountants or actuarial evaluation by actuaries approved by the superintendent, or the report of an examination made by the insurance supervisory official of another state. C. Conduct of the examination, examiners and other personnel used by the superintendent in making the examinations, payment of costs of the examination by the examinee, examination report and review and adoption and the examination in general shall be subject to the applicable provisions of Chapter 59A, Article 4 NMSA 1978. History: Laws 1984, ch. 127, § 327; 2007, ch. 367, § 32. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, changed "rate service organizations" to "advisory organizations" and permitted the superintendent to examine joint reinsurance pools and residual market mechanisms.
NM Stat § 59A-17-34 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-34 - Hearings.

A. Any person aggrieved by any action, threatened action or failure to act of the superintendent or otherwise under Chapter 59A, Article 17 NMSA 1978 shall have the same right to a hearing before the superintendent with respect thereto as provided for in general under Section 59A-4-15 NMSA 1978. Notice of hearing shall be given, the hearing conducted, rights and powers exercised and the superintendent's order on hearing made and given as provided as to hearings in general under the applicable provisions of Chapter 59A, Article 4 NMSA 1978. B. Any person aggrieved by the superintendent's order issued pursuant to this section or by the superintendent's refusal to hold the hearing may appeal the order or refusal to the court of appeals. History: Laws 1984, ch. 127, § 329; 1990, ch. 110, § 1; 1999, ch. 289, § 25; 2011, ch. 127, § 13; 2013, ch. 74, § 20. ANNOTATIONSCross references. — For rules governing pleading, practice and procedure in civil actions, see New Mexico Rules of Civil Procedure. For appeals, see Rules of Appellate Procedure for Civil Cases Rule 12-102 NMRA. The 2013 amendment, effective March 29, 2013, provided for review of the superintendent of insurance's actions; in the title, deleted "Hearing and review as to superintendent's actions" and added "Hearings"; in Subsection B, after "the hearing may", deleted "request a review by the public regulation commission in the manner set for the by rule of the commission. The request for review shall be filed no later than thirty days after the issuance of the order of the superintendent or the superintendent's refusal to hold a hearing" and added "appeal the order or refusal to the court of appeals". The 2011 amendment, effective July 1, 2011, established a deadline of thirty days after the issuance of the superintendent's order or refusal to hold a hearing within which to file a request for review by the public regulation commission. The 1999 amendment, effective June 18, 1999, substituted references to the public regulation commission for references to the insurance board in Subsection B. Time limit for filing appeal. — A dispute concerning whether a class of employees will be classified as oil field workers or supervisory personnel for purposes of tabulating workers' compensation insurance premiums was a dispute under Article 17 of this chapter, and not Article 4 of this chapter. Therefore, the appeal filed by the aggrieved party 40 days after the decision of the insurance fraud was properly dismissed as untimely pursuant to the time limit for the filing of action set forth in 59A-17-35 NMSA 1978. Home Indem. Co. v. Arapahoe Drilling Co., 1993-NMCA-025, 115 N.M. 204, 848 P.2d 1131. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 235 et seq.; 43 Am. Jur. 2d Insurance § 56. 44 C.J.S. Insurance § 15 et seq.; 73 C.J.S. Public Administrative Law and Procedure §§ 98, 114.
NM Stat § 59A-17-36 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-36 - Rate filing; failure to submit data; penalty.

A. An insurer or advisory organization that makes a rate filing under the Insurance Rate Regulation Law and fails, without reasonable cause, to provide the data requested by the superintendent within thirty working days from the date of the request shall be subject to an administrative penalty as provided in Section 59A-1-18 NMSA 1978. B. The superintendent may, for good cause shown, grant an extension of the thirty-day time period provided for in Subsection A of this section. C. The insurer or advisory organization may, within ten days after entry of the order, request a hearing before the superintendent as provided in Section 59A-17-34 NMSA 1978. History: 1978 Comp., § 59A-17-36, enacted by Laws 1989, ch. 145, § 2; 2007, ch. 367, § 35. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, changed "rate service organizations" to "advisory organizations".
NM Stat § 59A-17A-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17A - Personal Insurance Credit Information Act|Section 59A-17A-1 - Short title.

This act [59A-17A-1 to 59A-17A-11 NMSA 1978] may be cited as the "Personal Insurance Credit Information Act". History: Laws 2005, ch. 275, § 1. ANNOTATIONSCompiler's notes. — The Personal Insurance Credit Information Act was not enacted as part of the Insurance Code. It has been compiled within the Insurance Code for the convenience of the user. Effective dates. — Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 1 effective January 1, 2006. ANNOTATIONSApplicability. — Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
NM Stat § 59A-17A-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17A - Personal Insurance Credit Information Act|Section 59A-17A-2 - Purpose and application.

The Personal Insurance Credit Information Act regulates the use of credit information in the underwriting, rating or renewal of personal insurance for the protection of consumers and applies to personal insurance written by an insurer or a group of affiliated insurers authorized to do business in this state or written pursuant to the FAIR Plan Act [59A-29-1 to 59A-29-9 NMSA 1978], but does not apply to commercial insurance or any other types of insurance. History: Laws 2005, ch. 275, § 2. ANNOTATIONSEffective dates. — Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 2 effective January 1, 2006. ANNOTATIONSApplicability. — Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
NM Stat § 59A-17A-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17A - Personal Insurance Credit Information Act|Section 59A-17A-3 - Definitions.

As used in the Personal Insurance Credit Information Act: A. "adverse action" means a denial or cancellation of, an increase in a charge for or a reduction or other adverse or unfavorable change in the terms of coverage or amount of insurance, existing or applied for, in connection with the underwriting, rating or renewal of personal insurance, which adverse action occurs when an insurer offers insurance at less favorable terms than it would have offered a consumer if the consumer's credit information had been more favorable; B. "affiliate" means a company that directly or indirectly controls, is controlled by or is under the common ownership or control of another company; C. "company placement" means the assignment of a consumer to a particular insurer within a group of affiliates; D. "consumer" means an individual applicant or insured whose credit information is relied upon or used to calculate an insurance score for underwriting, rating or renewing a personal insurance coverage; E. "consumer reporting agency" means a person or entity that, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties; F. "credit information" means a written, oral or other communication of information prepared by a consumer reporting agency or provided by the consumer on an application for or renewal of credit, bearing on a consumer's credit worthiness, credit standing or credit capacity, that is used or expected to be used or collected in whole or in part for the purpose of underwriting, rating or renewing a personal insurance coverage; G. "insurance score" means a number or rating that is derived from an algorithm, computer application, model or other process that is based in whole or in part on credit information and is used for underwriting, rating or renewing personal insurance coverage; and H. "personal insurance" means private passenger automobile, homeowners', motorcycle, mobile-homeowners', boat, personal watercraft, snowmobile, recreational vehicle, noncommercial dwelling fire, personal umbrella or any other type of insurance policy that is individually underwritten for personal, family or household use. History: Laws 2005, ch. 275, § 3; 2013, ch. 74, § 22. ANNOTATIONSThe 2013 amendment, effective March 29, 2013, deleted the definition of "superintendent"; and deleted Subsection I, which defined "superintendent" to mean the insurance division of the public regulation commission.
NM Stat § 59A-17A-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17A - Personal Insurance Credit Information Act|Section 59A-17A-4 - Use of credit information; limits on use.

An insurer or group of affiliated insurers authorized to do business in New Mexico that uses credit information to underwrite, rate or renew personal insurance coverage shall not: A. use an insurance score that is calculated using income, gender, address, race, color, national origin, religion or marital status of the consumer as a factor; B. deny, cancel or fail to renew coverage, or base a consumer's company placement, tier placement or rates, on the basis of credit information or an insurance score without consideration of other underwriting factors permitted by state law; C. consider an absence of credit information or an inability to calculate an insurance score in underwriting, rating or renewing personal insurance coverage unless the insurer: (1) classifies the consumer as having average or better than average credit information for that insurer or group of affiliated insurers; or (2) excludes the use of credit information as a factor in rating or underwriting personal insurance coverage; D. take adverse action against a consumer based upon credit information, or upon an insurance score calculated from credit information, submitted more than ninety days before the date of notice of the adverse action; E. use credit information upon renewal unless the insurer obtains current credit information and recalculates the insurance score at least every thirty-six months. Upon the request of a consumer, an insurer that uses credit information upon renewal shall obtain current credit information and recalculate an insurance score. An insurer shall not be required to obtain current credit information or recalculate an insurance score more frequently than every twelve months except for the correction of an error as described in Section 6 [59A-17A-6 NMSA 1978] of the Personal Insurance Credit Information Act. The Personal Insurance Credit Information Act does not require an insurer to obtain current credit information or recalculate an insurance score if: (1) an improved insurance score would not cause the consumer to be placed in a more favorably priced company or tier of the insurer; or (2) the insurer does not rely upon credit information or an insurance score to underwrite, rate or renew the consumer's personal insurance coverage; F. use an insurance score in whole or in part to deny, restrict or alter the fees charged for a premium payment plan; or G. use credit inquiries as a factor in any insurance scoring methodology or to underwrite, rate or renew personal insurance coverage. History: Laws 2005, ch. 275, § 4. ANNOTATIONSEffective dates. — Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 4 effective January 1, 2006. ANNOTATIONSApplicability. — Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
NM Stat § 59A-17A-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17A - Personal Insurance Credit Information Act|Section 59A-17A-6 - Error correction.

If it is determined by a consumer reporting agency that a consumer's credit information is inaccurate or incomplete and the insurer is notified of this determination by the consumer reporting agency or the consumer, the insurer or its group of affiliated insurers shall re-underwrite and rerate the consumer's personal insurance coverage within thirty days of receiving the notice, refund any overpaid premium and, if necessary, make a related adjustment, including company placement, consistent with its filed underwriting and rating guidelines. History: Laws 2005, ch. 275, § 6. ANNOTATIONSEffective dates. — Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 6 effective January 1, 2006. ANNOTATIONSApplicability. — Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
NM Stat § 59A-17A-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17A - Personal Insurance Credit Information Act|Section 59A-17A-7 - Initial notification of use of credit information.

A. If an insurer uses credit information to calculate an insurance score to underwrite, rate or renew personal insurance coverage, the insurer shall disclose to the consumer at least once, either at the time of application or upon the first renewal subsequent to December 31, 2005, in writing or in the same medium as the application or renewal, that it uses that information. B. An insurer may use the following disclosure language to comply with the requirements of this section: "In connection with your application for insurance coverage, we may review and use information contained in your credit report to help determine your premium or your eligibility for coverage.". History: Laws 2005, ch. 275, § 7. ANNOTATIONSEffective dates. — Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 7 effective January 1, 2006. ANNOTATIONSApplicability. — Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
NM Stat § 59A-17A-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17A - Personal Insurance Credit Information Act|Section 59A-17A-8 - Adverse action notification.

A. If an insurer takes an adverse action based upon credit information, the insurer shall notify the consumer in writing, or in the same medium as the application or renewal, of the nature of the adverse action, the reasons for the adverse action and the insurer's extraordinary life circumstances exception policies and procedures as provided by Section 5 [59A-17A-5 NMSA 1978] of the Personal Insurance Credit Information Act. B. The notification shall identify, in clear and simple language and in descending order of importance, the four most important factors that prevented the consumer from receiving a more favorable insurance score. The factors shall be identified with sufficient specificity that a consumer can identify the factors on a standard credit report. C. In addition to the information described in Subsections A and B of this section, the notification shall include any other language prescribed by rule issued by the superintendent. History: Laws 2005, ch. 275, § 8. ANNOTATIONSEffective dates. — Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 8 effective January 1, 2006. ANNOTATIONSApplicability. — Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
NM Stat § 59A-17A-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17A - Personal Insurance Credit Information Act|Section 59A-17A-10 - Rulemaking authority.

The superintendent may adopt rules the superintendent deems necessary to implement and ensure full compliance with the provisions of the Personal Insurance Credit Information Act. History: Laws 2005, ch. 275, § 10. ANNOTATIONSEffective dates. — Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 10 effective January 1, 2006. ANNOTATIONSApplicability. — Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
NM Stat § 59A-17A-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17A - Personal Insurance Credit Information Act|Section 59A-17A-11 - Severability.

If any part or application of the Personal Insurance Credit Information Act is held invalid, the remainder or its application to other situations or persons shall not be affected. History: Laws 2005, ch. 275, § 11. ANNOTATIONSEffective dates. — Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 11 effective January 1, 2006. ANNOTATIONSApplicability. — Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.