reglab/housing_qa huggingface dataset:
NM Stat § 59A-15-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-7 - Service of process on unauthorized insurer.

A. Service of process in such action or proceeding shall be made by delivering to and leaving with the superintendent, or some person in apparent charge of his office, two (2) copies thereof and by payment to the superintendent of the fee prescribed by Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code. Service upon the superintendent as such attorney shall be service upon the insurer. B. The superintendent shall forthwith forward by certified mail one of the copies of such process, or such notice, order, pleading or process in proceedings before the superintendent, to the defendant in such court proceeding or to whom the notice, order, pleading or process in such administrative proceeding is addressed or directed, at its principal place of business last known to the superintendent and shall keep a record of all process so served on him which shall show the day and hour of service. Such service is sufficient if: (1) notice of such service and a copy of the court process or the notice, order, pleading or process in such administrative proceeding are sent within ten (10) days thereafter by certified mail (with return receipt requested) by the plaintiff or the plaintiff's attorney in the court proceeding, or by the superintendent in the administrative proceeding, to the defendant in the court proceeding or to whom the notice, order, pleading or process in such administrative proceeding is addressed or directed, at the last-known principal place of business of the defendant in the court or administrative proceeding, and (2) the defendant's receipt or receipts issued by the post office with which the letter is certified, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and an affidavit of the plaintiff or the plaintiff's attorney in court proceeding, or of the superintendent in administrative proceeding, showing compliance therewith are filed with the clerk of the court in which such action, suit or proceeding is pending or with the superintendent in administrative proceedings, on or before the date the defendant in the court or administrative proceedings is required to appear or respond thereto, or within such further time as the court or superintendent may allow. C. No plaintiff shall be entitled to a judgment or determination by default in any court or administrative proceeding in which court process or notice, order, pleading or process in proceedings before the superintendent is served under this section until the expiration of forty-five (45) days from the date of filing of the affidavit of compliance. D. Nothing in this section limits or affects the right to serve any process, notice, order or demand upon any person or insurer in any other manner permitted by law. History: Laws 1984, ch. 127, § 262. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d § 40.
NM Stat § 59A-15-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-8 - Defense of action by unauthorized insurer; bond.

A. Before any unauthorized insurer files or causes to be filed any pleading in any court action, suit or proceeding or any notice, order, pleading or process in an administrative proceeding before the superintendent instituted against such person or insurer, by service made as provided in Section 262 [59A-15-7 NMSA 1978] of this article, such insurer shall either: (1) deposit with the clerk of the court in which such action, suit or proceeding is pending, or with the superintendent in administrative proceedings before the superintendent, cash or securities, or file with such clerk or the superintendent a bond with good and sufficient sureties, to be approved by the clerk or the superintendent, in an amount to be fixed by the court or superintendent sufficient to secure the payment of any final judgment which may be rendered in such action or administrative proceeding; or (2) procure a certificate of authority to transact insurance in this state. In considering the application of an insurer for a certificate of authority, for the purposes of this paragraph the superintendent need not assert the provisions of Section 100 [59A-5-33 NMSA 1978] (reciprocity provision) of the Insurance Code against such insurer with respect to its application if he determines that the insurer would otherwise comply with the requirements for such certificate of authority. B. The superintendent, in any administrative proceeding in which service is made as provided in Section 262 of this article, may in his discretion order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of Paragraph (1) above, and to defend such action. C. Nothing in Subsection A above, shall be construed to prevent an unauthorized insurer from filing a motion to quash a writ or to set aside service thereof, on the ground that such unauthorized insurer has not transacted insurance in this state. History: Laws 1984, ch. 127, § 263. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance § 267.
NM Stat § 59A-15-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-10 - Penalty for violation.

Any unauthorized insurer which transacts in this state any insurance business in violation of the Insurance Code shall be subject to fine of not to exceed twenty thousand dollars ($20,000) for each such violation. History: Laws 1984, ch. 127, § 265. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-15-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-11 - Unauthorized Insurers False Advertising Process Law; title.

Sections 266 through 268 [59A-15-11 to 59A-15-13 NMSA 1978] of this article constitute and may be referred to as the "Unauthorized Insurers False Advertising Process Law". History: Laws 1984, ch. 127, § 266.
NM Stat § 59A-15-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-12 - Notice to domiciliary supervisory official.

No unauthorized insurer through any estimate, illustration, circular, pamphlet, letter, announcement, statement or any other means or medium shall misrepresent to any person in this state its financial condition or the terms of any contract issued or to be issued by it or the advantages thereof, or the dividends or share to be received thereon. Whenever the superintendent has reason to believe that any such insurer is so misrepresenting, he shall notify the insurer and the insurance supervisory officer of the insurer's domiciliary state or province by registered or certified mail. History: Laws 1984, ch. 127, § 267.
NM Stat § 59A-15-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-13 - Action by superintendent.

A. If within thirty (30) days following the giving of the notice provided for in Section 267 [59A-15-12 NMSA 1978] of the article the insurer has not ceased such dissemination, and if the superintendent has reason to believe that such insurer is soliciting, issuing or delivering contracts of insurance to residents of this state or collecting premiums on such contracts or performing any other transaction in connection with such insurance, and that a proceeding by him in respect to such matters would be to the interest of the public, he shall take action against such insurer under the provisions of Section 262 [59A-15-7 NMSA 1978] of the article (service of process on unauthorized insurer). B. If upon such hearing the superintendent finds that the insurer has misrepresented as referred to in Section 267 of the article, he shall by order on such hearing require the insurer to cease and desist from such violation, and shall mail a copy of the order by registered or certified mail to the insurer at its principal place of business last of record with the superintendent, and to the insurance supervisory officer of the insurer's domiciliary state, country or province. Each violation thereafter of such desist order shall subject the insurer to a penalty of two thousand dollars ($2,000), to be recovered by a civil action brought against the insurer by the superintendent. Service of process upon the insurer in such action may be made upon the superintendent pursuant to Section 262 of this article or in any other lawful manner. History: Laws 1984, ch. 127, § 268.
NM Stat § 59A-15-14 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-14 - Short title; Health Care Benefits Jurisdiction Act.

Sections 59A-15-14 through 59A-15-19 NMSA 1978 may be cited as the "Health Care Benefits Jurisdiction Act". History: 1978 Comp., § 59A-15-14, enacted by Laws 1991, ch. 125, § 20.
NM Stat § 59A-15-15 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-15 - Purpose.

The purpose of the Health Care Benefits Jurisdiction Act [59A-15-14 to 59A-15-19 NMSA 1978] is to assure the superintendent's jurisdiction over providers of health care benefits in this state; to indicate how each provider of health care benefits may demonstrate under which regulatory jurisdiction it falls; to allow for examinations by the superintendent if the provider of health care benefits is unable to demonstrate that it is subject to another regulatory jurisdiction; and to require disclosure to purchasers of such plans information as to whether the plans are fully insured. History: 1978 Comp., § 59A-15-15, enacted by Laws 1991, ch. 125, § 21.
NM Stat § 59A-15-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-16 - Jurisdiction over health care benefits providers presumed.

Notwithstanding any other provision of law and except as provided in the Health Care Benefits Jurisdiction Act [59A-15-14 to 59A-15-19 NMSA 1978], any person who provides coverage in this state for health benefits, including coverage for medical, surgical, hospital, osteopathic, acupuncture and oriental medicine, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental or optometric expenses, whether such coverage is by direct payment, reimbursement or otherwise, shall be presumed to be subject to the provisions of the Insurance Code and the jurisdiction of the superintendent unless the person provides evidence satisfactory to the superintendent that he is subject exclusively to the jurisdiction of another agency of this state or the federal government. History: 1978 Comp., § 59A-15-16, enacted by Laws 1991, ch. 125, § 22; 1993, ch. 158, § 3. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto. The 1993 amendment, effective June 18, 1993, substituted "who provides coverage" for "that provides coverage" near the beginning, "acupuncture and oriental medicine, chiropractic, physical therapy," for "acupuncture, chiropractic, physical therapy," near the middle, and "he is subject exclusively" for "it is subject exclusively" near the end.
NM Stat § 59A-15-17 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-17 - Demonstrating jurisdiction.

Any person providing coverage for health care benefits as described in Section 59A-15-16 NMSA 1978 may demonstrate that it is subject to the jurisdiction of another agency of this state or the federal government by providing to the superintendent: A. the appropriate certificate, license or other document issued by the other governmental agency that permits or qualifies it to provide such coverage; or B. other evidence satisfactory to the superintendent, after consultation with the other governmental agency, if necessary, that the provider is acting pursuant to a federal or state law that grants exclusive jurisdiction to a federal agency or another agency of this state. History: 1978 Comp., § 59A-15-17, enacted by Laws 1991, ch. 125, § 23.
NM Stat § 59A-15-18 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-18 - Examination.

Any person providing coverage for health care benefits as described in Section 59A-15-16 NMSA 1978 who is unable to demonstrate under Section 59A-15-17 NMSA 1978 that he is subject to the exclusive jurisdiction of another agency of this state or the federal government shall submit to an examination by the superintendent in accordance with Chapter 59A, Article 4 NMSA 1978 to determine the organization and financial condition of the provider and his compliance with the applicable provisions of the Insurance Code. History: 1978 Comp., § 59A-15-18, enacted by Laws 1991, ch. 125, § 24. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-15-19 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-19 - Disclosure.

Any agent or administrator that advertises, sells, transacts or administers coverage in this state as described in Section 59A-15-16 NMSA 1978 shall, if the coverage is not fully insured or otherwise fully covered by an authorized insurer, advise every purchaser, prospective purchaser and covered person of the lack of insurance or other coverage. Any administrator that advertises or administers such coverage in this state shall inform any producing agency of the elements of the coverage including the amount of any applicable stop-loss insurance and the insurer affording it. History: 1978 Comp., § 59A-15-19, enacted by Laws 1991, ch. 125, § 25.
NM Stat § 59A-15-20 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-20 - Multiple-employer welfare arrangements; regulations.

A. The superintendent, after a public hearing, shall, no later than October 1, 2001, adopt reasonable rules and regulations governing any employee welfare benefit plan that is a multiple-employer welfare arrangement. The regulations at a minimum shall provide for: (1) registration of all such plans and standards requiring the maintenance of specified levels of reserves; (2) minimum solvency requirements; (3) accounting standards and reporting requirements; (4) standards for appropriate investment of assets; (5) standards for excess or stop-loss insurance coverage; (6) specified levels of contributions that any such plan, or any trust established under such a plan, must meet; (7) methods for equitable assessment of member employers for any funding shortfall; and (8) standards for adequate governance. B. The rules and regulations shall provide for compliance with the Patient Protection Act [Chapter 59A, Article 57 NMSA 1978] and provide standards for minimum benefits, including coverage of all benefits required of health insurance under other sections of the Insurance Code [Chapter 59A NMSA 1978]. C. The rules and regulations shall provide that all employees or association members shall be eligible for participation in the plan. D. Any standards for determining or assuring solvency shall not be applicable to plans that are fully insured by carriers authorized to transact insurance in New Mexico. If at any time a plan does not meet the standards established, the superintendent may take action pursuant to the Insurance Code. History: 1978 Comp., § 59A-15-20, enacted by Laws 1991, ch. 125, § 26; 2001, ch. 223, § 1. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, added the Subsection A designation, and in that Subsection, substituted "after a public hearing, shall, no later than October 1, 2001, adopt" for "after a hearing thereon, shall make", added the Paragraph (1) designation, and added Paragraphs (2) to (8); added Subsections B and C; added the Subsection D designation, and in that subsection, substituted "the superintendent may take action pursuant to the Insurance Code" for "no benefits may be paid under the plan."
NM Stat § 59A-15-21 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 15 - Unauthorized Insurers|Section 59A-15-21 - Short title.

Chapter 59A, Article 15 NMSA 1978 may be cited as the "Unauthorized Insurers Law". History: 1978 Comp., § 59A-15-21, enacted by Laws 1993, ch. 320, § 55.
NM Stat § 59A-16-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16 - Trade Practices and Frauds|Section 59A-16-2 - Purpose of article.

A purpose of this article is to regulate trade practices in the insurance business and related businesses in accordance in part with the intent of Congress as expressed in the Act of Congress approved March 9, 1945, being c. 20, 59 Stat. 33, also designated as 15 U.S.C. Secs. 1011 to 1015, inclusive, by defining, or providing for determination of, practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices so defined or determined. History: Laws 1984, ch. 127, § 270.
NM Stat § 59A-16-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16 - Trade Practices and Frauds|Section 59A-16-3 - Practices and acts prohibited, in general.

No person shall engage in this state in any practice which in this article is defined or prohibited as, or determined to be, an unfair method of competition, or unfair or deceptive act or practice, or fraudulent. History: Laws 1984, ch. 127, § 271. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance § 932.
NM Stat § 59A-16-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16 - Trade Practices and Frauds|Section 59A-16-5 - False information, advertising.

No person shall make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station, or in any other way, any advertisement, announcement or statement containing any assertion, representation or statement with respect to any business subject to the superintendent's supervision under the Insurance Code, or with respect to any person in the conduct of such business, which is untrue, deceptive or misleading. History: Laws 1984, ch. 127, § 273. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto. Disclosures related to modal premium charges. — Under both the Unfair Practices Act and the Unfair Insurance Practices Act, an insurer may have a duty to disclose information about "finance charges" and "APR" rates when insureds pay modal premium charges, depending on the materiality of the facts. Azar v. Prudential Ins. Co., 2003-NMCA-062, 133 N.M. 669, 68 P.3d 909, cert. denied, 133 N.M. 539, 65 P.3d 1094. Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for false obituary or news report of death, 85 A.L.R.4th 813.
NM Stat § 59A-16-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16 - Trade Practices and Frauds|Section 59A-16-6 - "Twisting" prohibited.

No person shall make or issue, or cause to be made or issued in any manner, any written or oral statement misrepresenting or making misleading comparison as to the terms, conditions, benefits or advantages of any policy for the purpose of inducing or attempting or tending to induce any other person to lapse, forfeit, surrender, borrow against, retain, exchange, convert or otherwise deal with or dispose of any policy. History: Laws 1984, ch. 127, § 274.
NM Stat § 59A-16-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16 - Trade Practices and Frauds|Section 59A-16-7 - Replacement of life insurance.

In addition to other powers of the superintendent in respect thereto, the superintendent shall by regulation require persons who replace or offer or propose to replace existing life insurance with other life insurance, to disclose to the policyholder all information the superintendent deems relevant in a form and manner and at a time set by the superintendent. History: Laws 1984, ch. 127, § 275.
NM Stat § 59A-16-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16 - Trade Practices and Frauds|Section 59A-16-8 - Falsification, omission of records; misleading financial statements.

A. No person shall make or cause to be made any false entry in any book, report or statement of any insurer with intent to injure or defraud the insurer or any other person, or to deceive any officer of the insurer, or the superintendent or any examiner appointed to examine the affairs of the insurer. Any person who violates this subsection, or with like intent aids or abets any such violation is guilty of a felony. B. No person shall with intent to deceive the insurer, or the superintendent or any examiner appointed to examine into the insurer's affairs, omit to make a true entry of any material fact pertaining to the insurer's business in any book, report or statement of the insurer. A violation of this subsection shall be subject to the same penalty as prescribed in Subsection A. C. No person shall knowingly file with any supervisory or other public officer, or make, publish, disseminate, circulate or deliver to any person, or place before the public, or cause directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false statement of the financial condition of an insurer. D. No person shall advertise the capital or assets of an insurer without the same advertisement setting forth the amount of the insurer's liabilities. History: Laws 1984, ch. 127, § 276. ANNOTATIONSCross references. — For general penalty provision, see 59A-1-18 NMSA 1978. For penalty for felonies, see 31-18-15 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance § 931.
NM Stat § 59A-16-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16 - Trade Practices and Frauds|Section 59A-16-9 - Publication of nonstatutory financial statements.

Any other provision of the Insurance Code to the contrary notwithstanding, an insurer may, subject to requirements of regulations promulgated by the superintendent, for proper special purposes prepare and publish financial statements or information based on financial statements prepared on bases which are in accordance with requirements of the Securities and Exchange Commission or other such competent authority, and which differ from the bases of statements filed with the superintendent. History: Laws 1984, ch. 127, § 277. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-16-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16 - Trade Practices and Frauds|Section 59A-16-10 - Defamation.

A. No person shall make, publish, disseminate or circulate, directly or indirectly, or aid, abet, counsel, procure or encourage the making, publishing, disseminating, transmission or circulation to another, of any oral or written statement or any pamphlet, circular, article or literature which is false, or maliciously critical of, or derogatory as to financial condition or otherwise as to an insurer or organization proposing to become an insurer, and which is calculated to injure such insurer, or proposed insurer, or any person engaged or proposing to engage in any of the business of or with an insurer. B. Any person who violates this section shall be guilty of a misdemeanor and is subject to the penalties prescribed by Section 18 [59A-1-18 NMSA 1978] (general penalty) of the Insurance Code. History: Laws 1984, ch. 127, § 278.