reglab/housing_qa huggingface dataset:
NM Stat § 59A-16C-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-12 - Attorney general's duties.

When so requested by the superintendent, the attorney general shall commission as a special assistant attorney general any attorney employed by the superintendent or contracted with by the superintendent and approved by the attorney general to assist the superintendent in carrying out his duties, including providing legal advice and prosecuting offenders. The actual costs associated with the assignment of assistant attorneys general to the superintendent shall be paid out of the fund. History: Laws 1998, ch. 115, § 12.
NM Stat § 59A-16C-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-13 - Insurance fraud policy advisory group.

The superintendent may create an insurance fraud policy advisory group consisting of representatives of authorized insurers, consumers of insurance products not otherwise connected with the insurance industry and other appropriate persons. The superintendent shall appoint the members of the advisory group and shall provide by rule for the creation, governance, duties and termination of the advisory group. Any advisory group so created shall advise the superintendent with respect to the implementation of and other matters related to the Insurance Fraud Act when so requested by the superintendent. History: Laws 1998, ch. 115, § 13.
NM Stat § 59A-16C-15 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-15 - Application of act to other acts.

A. No authority granted the superintendent under the Insurance Fraud Act shall be construed to abrogate or interfere with the authority of the safety and fraud division of the workers' compensation administration under the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or of the medicaid fraud control unit under the Medicaid Fraud Act [Chapter 30, Article 44 NMSA 1978]. B. Nothing in the Insurance Fraud Act shall: (1) preempt the authority of or relieve the duty of any other law enforcement agencies to investigate and prosecute alleged violations of law; (2) prevent or prohibit a person from voluntarily disclosing any information concerning insurance fraud to any law enforcement agency; (3) limit any of the powers granted elsewhere by law to the superintendent to investigate alleged violations of law and take appropriate action; or (4) interfere with the duties and authority of the workers' compensation administration. History: Laws 1998, ch. 115, § 15.
NM Stat § 59A-16C-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 16C - Insurance Fraud|Section 59A-16C-16 - Rules.

The superintendent may promulgate rules deemed necessary or appropriate by the superintendent for the administration of the Insurance Fraud Act. History: Laws 1998, ch. 115, § 16.
NM Stat § 59A-17-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-1 - Short title.

Chapter 59A, Article 17 NMSA 1978 may be cited as the "Insurance Rate Regulation Law". History: Laws 1984, ch. 127, § 299; 2007, ch. 367, § 1. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, changed the statutory reference to the act. Am. Jur. 2d, A.L.R. and C.J.S. references.— 43 Am. Jur. 2d Insurance §§ 828 to 832. 45 C.J.S. Insurance § 482 et seq.
NM Stat § 59A-17-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-2 - Scope of article; exemptions.

A. The Insurance Rate Regulation Law applies to all kinds and lines of direct insurance written on risks or operations in this state by any authorized insurer, except: (1) wet marine and transportation insurance, as defined in Section 59A-7-5 NMSA 1978 [repealed]; (2) life insurance; (3) variable and fixed annuities; and (4) health insurance. B. For purposes of the Insurance Rate Regulation Law, "workers' compensation" insurance includes employer's liability insurance. C. The superintendent may by order exempt any person or class of persons or any market segment from any or all of the provisions of the Insurance Rate Regulation Law to the extent that the superintendent finds the provision or provisions unnecessary to achieve the purposes of that law. History: Laws 1984, ch. 127, § 297; 2007, ch. 367, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2016, ch. 89, § 70 repealed 59A-7-5 NMSA 1978, effective July 1, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com. The 2007 amendment, effective July 1, 2007, changed statutory references and provided that "workers' compensation" insurance includes employer's liability insurance.
NM Stat § 59A-17-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-3 - Purposes of article.

A. The purposes of this article are: (1) to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate or unfairly discriminatory, and to protect policyholders and the public against the adverse effects of excessive, inadequate or unfairly discriminatory rates; (2) in general to permit and encourage, as an effective way to produce rates that conform to the foregoing, independent action by and reasonable price competition among insurers; (3) to provide formal regulatory controls for use where independent actions and price competition fail; (4) to authorize cooperative action among insurers in the rate-making process, and to regulate such cooperation in order to prevent practices tending to create monopoly or to lessen or destroy competition; (5) to encourage efficient and economic marketing practices; and (6) to regulate that part of the insurance business which is subject to this article, in a manner to preclude application of federal antitrust laws. B. The provisions of this article shall be liberally interpreted to effectuate the above purposes. History: Laws 1984, ch. 127, § 298.
NM Stat § 59A-17-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-4 - Definitions.

As used in the Insurance Rate Regulation Law: A. "advisory organization" means an entity, including its affiliates or subsidiaries, that either has two or more member insurers or is controlled either directly or indirectly by two or more insurers, and that assists insurers in the promulgation of policy forms; in ratemaking activities, such as the collection, compilation and furnishing of loss or expense statistics; or in the recommendation, making or filing of rates, prospective loss costs, supplementary rate information, policy forms or endorsements. Two or more insurers having a common ownership or operating in New Mexico under common management or control constitute a single insurer for purposes of this definition; B. "commercial insurance" means any line or kind of property or casualty insurance not for personal, family or household needs; C. "market" means any line or kind of insurance or any subdivision thereof or any class of risks or combination of classes; D. "residual market mechanism" means an arrangement, either voluntary or mandated by law, involving participation by insurers in the equitable apportionment among them of insurance that may be afforded applicants who are unable to obtain insurance through ordinary methods; E. "reverse competition" means a marketplace situation where the placement of a line, kind or class of insurance with insurers is determined primarily or exclusively by parties other than the policyholders; F. "supplementary rate information" includes any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, underwriting rule and any other information needed to determine the applicable rate in effect or to be in effect; and G. "supporting information" means: (1) the experience and judgment of the filer and the experience or data of other insurers or advisory organizations relied upon by the filer; (2) the interpretation of any other data relied upon by the filer; (3) descriptions of methods used in making the rates; and (4) any other information required by the superintendent to be filed. History: Laws 1984, ch. 127, § 300; 2007, ch. 367, § 3. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, added Subsections A and B; deleted former Subsection B defining "rate service organization"; added Subsection D defining "residual market mechanism"; added Subsection E defining "reverse competition"; and added Subsection G defining "supporting information".
NM Stat § 59A-17-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-5 - Administration of insurance rate regulatory law.

The provisions of Chapter 59A, Article 17 NMSA 1978 shall be administered by the superintendent. History: Laws 1984, ch. 127, § 301; 1999, ch. 289, § 23. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, deleted "this article are under the jurisdiction of the insurance board, as defined in Section 6 of the Insurance Code and" following "The provisions of" at the beginning of the section, updated the statutory reference, deleted "in his capacity of secretary of the insurance board" following "superintendent", and deleted the former last sentence, which stated that the superintendent shall have the same general powers as to rules and regulations, enforcement and otherwise as provided under the Insurance Code as to the superintendent's administration of the insurance department.
NM Stat § 59A-17-5.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-5.1 - Underwriting guidelines.

A. The superintendent may direct an insurer writing homeowners insurance, private passenger non-fleet automobile insurance or other lines, kinds or classes of noncommercial insurance in New Mexico to file with the superintendent underwriting guidelines that determine the acceptance of applicants and tiering guidelines that determine the placement of applicants and insureds into rating tiers, regardless of whether such tiers exist within the insurer or within a group of insurers under common ownership or management. B. The superintendent, after notice and hearing, may order an insurer to cease using underwriting or tiering guidelines that are unfairly discriminatory or that fail to place applicants and insureds into tiers in a clear, objective, risk-based and mutually exclusive manner. C. Filings made pursuant to this section shall be considered confidential trade secrets under the Uniform Trade Secrets Act [57-3A-1 to 57-3A-7 NMSA 1978]. History: Laws 2007, ch. 367, § 7. ANNOTATIONSEffective dates. — Laws 2007, ch. 367, § 39 made this section effective July 1, 2007.
NM Stat § 59A-17-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-6 - Rate standards.

A. Rates shall not be excessive, inadequate or unfairly discriminatory, nor shall an insurer charge any rate that, if continued, will have or tend to have the effect of destroying competition or creating a monopoly. B. In a competitive market, rates are presumed not to be excessive. C. In a noncompetitive market, rates are excessive if they are likely to produce a profit that is unreasonably high in relation to the riskiness of the line, kind or class of business, or if expenses are unreasonably high in relation to the services rendered. D. Rates are inadequate if they are clearly insufficient, together with the investment income attributable to them, to sustain projected losses and expenses in the line, kind or class of business to which they apply. E. There is unfair discrimination if one rate is unfairly discriminatory in relation to another in the same line, kind or class if it clearly fails to reflect equitably the differences in expected losses and expenses. Rates are not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense factors, or like expense factors but different loss exposures, so long as the rates reflect the differences with reasonable accuracy. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, franchise or blanket policy or a mass marketing plan. History: Laws 1984, ch. 127, § 302; 2007, ch. 367, § 8. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, amended Subsection A to eliminate the criteria to determine whether a reasonable degree of price competition exists and deleted Subsection F providing that this section shall not apply to workers' compensation insurance.
NM Stat § 59A-17-6.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-6.1 - Competitive market.

A competitive market is presumed to exist unless the superintendent, after notice and hearing, determines that a reasonable degree of competition does not exist within a market and issues a ruling to that effect. The ruling shall expire three years after issue unless rescinded earlier by the superintendent or unless the superintendent renews the ruling after a hearing and a finding as to the continued lack of a reasonable degree of competition. Any ruling that finds that competition does not exist shall identify the factors that cause the market not to be competitive and may also include a plan for enhancing competition. The superintendent shall monitor the degree and continued existence of competition in New Mexico on an ongoing basis. An interested party may petition the superintendent to initiate a hearing to examine whether a particular market is competitive or whether a particular market is no longer noncompetitive. History: 2007, ch. 367, § 4. ANNOTATIONSEffective dates. — Laws 2007, ch. 367, § 39 made this section effective July 1, 2007.
NM Stat § 59A-17-6.2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-6.2 - Reverse competitive market.

A reverse competitive market for a line, kind or class of insurance is presumed to exist wherever the placement of a line, kind or class of insurance with insurers is determined primarily or exclusively by parties other than the policyholders. The superintendent may, by notice and hearing, establish rules for determining the specific lines, kinds or classes of insurance that, for the purposes of the Insurance Rate Regulation Law, are reversely competitive. History: Laws 2007, ch. 367, § 5. ANNOTATIONSEffective dates. — Laws 2007, ch. 367, § 39 made this section effective July 1, 2007.
NM Stat § 59A-17-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-7 - Rating methods.

In determining whether rates comply with the rate standards, the following criteria shall be applied: A. due consideration shall be given to past and prospective loss and expense experience within and without this state, to catastrophic hazards and contingencies, to trends within and without this state, to loadings for leveling premium rates over time or for dividends or savings to be allowed or returned by insurers to their policyholders, members or subscribers and to all other relevant factors, including the judgment of technical personnel; B. risks may be classified in any reasonable way for the establishment of rates and minimum premiums, except that classifications may not be based on race, color, creed or national origin; C. the expense provisions included in the rates to be used by an insurer may reflect the operating methods of the insurer and, so far as it is credible, its own expense experience; and D. the rates may contain an allowance permitting a profit that is not unreasonable in relation to the riskiness of the line, kind or class of business. Profit shall include investment income attributable to such rates. History: Laws 1984, ch. 127, § 303; 2007, ch. 367, § 9. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, eliminated the provision that this section shall not apply to workers' compensation insurance. Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance § 64.
NM Stat § 59A-17-7.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-7.1 - Motor vehicle liability; not-at-fault accidents.

A. The rates of a motor vehicle liability insurer shall not provide for an increase in the premium if based upon an accident in which the insured is not at fault in any manner as determined by either the accident report or the insurer. If the insurer determines that its insured is at fault contrary to the specific finding of an accident report that the insured is not at fault, the insurer shall reach its conclusion only after an investigation. B. A motor vehicle liability insurer shall not cancel, or use as a basis for nonrenewal, an insurance policy if such cancellation or nonrenewal is based upon an accident in which the insured is not at fault in any manner as determined by either the accident report or the insurer. If the insurer determines that its insured is at fault contrary to the specific finding of an accident report that the insured is not at fault, the insurer shall reach its conclusion only after an investigation. C. As used in this section, "motor vehicle liability insurer" means an insurer authorized to transact in this state the business of automobile and motor vehicle bodily injury, property damage liability and physical damage insurance. D. This section shall not apply if other factors exist, exclusive of the accident in which the insured is not at fault, that allow for a premium increase, cancellation or nonrenewal of an insurance policy under the Insurance Code or rules pursuant to the Insurance Code. History: 1978 Comp., § 59A-17-7.1, enacted by Laws 1987, ch. 80, § 1; 2007, ch. 367, § 10. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, changed the title of this section and changed "regulations" to "rules".
NM Stat § 59A-17-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-10 - Repealed.

History: Laws 1984, ch. 127, § 306; 1987, ch. 244, § 3; repealed by Laws 2007, ch. 367, § 38.ANNOTATIONSRepeals. — Laws 2007, ch. 367, § 38 repealed 59A-17-10 NMSA 1978, as enacted by Laws 1984, ch. 127, § 306, relating to rate filings for workmen's compensation, effective July 1, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 59A-17-10.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-10.1 - Workers' compensation insurance; policy and rate required for employers not domiciled in state.

No insurer insuring a workers' compensation risk arising from the employment of a worker performing work for an employer in New Mexico, when that employer is not domiciled in New Mexico, shall issue any workers' compensation insurance contract or endorsement of a workers' compensation insurance contract to cover the described risk except in accordance with filings and rates which are lawfully in effect for the insurer as provided in Sections 59A-17-10 and 59A-18-12 NMSA 1978. History: Laws 1978 Comp., § 59A-17-10.1, enacted by Laws 1988, ch. 119, § 2.
NM Stat § 59A-17-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-11 - Filings open to inspection.

A filing and supporting information filed under Sections 59A-17-9 and 59A-17-10 NMSA 1978 shall, as soon as filed, be open to public inspection at a reasonable time. A copy of a filing and supporting information may be obtained by a person on request to the superintendent and payment of a reasonable charge. If the insurer or advisory organization believes that information contained in the filing contains material that it considers to be a trade secret, it shall include that information in a separate section of the filing and include a request for the superintendent to consider whether that information should be kept confidential. History: Laws 1984, ch. 127, § 307; 1987, ch. 244, § 4; 2007, ch. 367, § 13. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, provided that, if an organization believes that information is a trade secret, the organization may file the information in a separate section of the filing and request that the information be kept confidential.
NM Stat § 59A-17-11.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-11.1 - Consumer information.

A. The superintendent shall use, develop or cause to be developed a consumer information system that will provide and disseminate price and other relevant information on a readily available basis to purchasers of homeowners, private passenger non-fleet automobile or property insurance for personal, family or household needs as well as for title insurance, including escrow, closing and settlement charges for one to four family residential property transactions, and for any other types of personal or commercial insurance designated by the superintendent. To the extent deemed necessary and appropriate by the superintendent, insurers, advisory organizations and other persons or organizations involved in conducting the business of insurance in New Mexico, to which this section applies, shall cooperate in the development and utilization of a consumer information system. B. An insurer writing homeowners insurance or private passenger non-fleet automobile insurance in New Mexico shall, upon renewal or upon the transfer of a policy to another insurer under the same ownership or management as the transferring insurer, provide its policyholders with written notification of their right to obtain from the insurer a detailed written explanation of the reasons why their policy premium has changed or is about to change. History: Laws 2007, ch. 367, § 6; 2009, ch. 80, § 2. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, in Subsection A, added "title insurance, including escrow, closing and settlement charges for one or four family residential property transactions, and for". Severability. — Laws 2009, ch. 80, § 15, effective July 1, 2009, provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 59A-17-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 17 - Insurance Rates and Rating|Section 59A-17-12 - Insurer must adhere to rates; consent to rate.

A. No insurer shall make or issue a contract or policy of insurance except in accordance with filings or rates that are lawfully in effect for the insurer as provided in the Insurance Rate Regulation Law. B. Upon written application of the insured stating the underlying reasons that is filed with and approved by the superintendent, a rate in excess of or below that otherwise applicable may be used as to a specific risk. History: Laws 1984, ch. 127, § 308; 2007, ch. 367, § 14. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, in Subsection A, eliminated the provision that this section shall not apply to workers' compensation insurance; and in Subsection B, permitted that rates below the applicable rates may be used for a specific risk.