reglab/housing_qa huggingface dataset:
NM Stat § 59A-49-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 49 - Prearranged Funeral Plans|Section 59A-49-2 - Purpose of article.

Money for funeral and burial purposes usually comes from one or more sources, such as the proceeds of life insurance, allowances of governmental agencies, union and fraternal organization benefits and savings and estate funds. Sometimes funeral insurance is also sold for such purposes. Experience in this and other states has proven that contract payments for funeral insurance are customarily to be made within a short period of time as compared to the average lapse of time until performance of the funeral insurance; that during the long interval between full receipt of the purchase price and contract performance, the possibilities for fraud are great and risk of insolvency, with consequent inability to perform, are inherent; and that, in addition to regulation of funeral plans in the same manner as life insurance, providing for the establishment of trust funds to require reserves sufficient to assure the purchasers that the sellers of funeral plans will be able to complete their contracts when the time for performance arrives and other restrictions are required to protect the public welfare, health and safety. The purpose of this article is to regulate funeral plans and related matters as experience has proven necessary in order to protect against fraud and deceit and otherwise to accomplish and promote the protection and welfare of the public. History: Laws 1984, ch. 127, § 900. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance § 8. Contracts entered into before death, relating to burial or cremation, or steps incident thereto, as opposed to public policy, or as proper subject of regulation by statute, 68 A.L.R. 1525. Validity of statutes regulating pre-need contracts for the sale or furnishing of burial services and merchandise, 68 A.L.R.2d 1251.
NM Stat § 59A-49-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 49 - Prearranged Funeral Plans|Section 59A-49-3 - Prearranged funeral plans and purchases; regulation and control.

The superintendent shall regulate and control, in the same manner and with the same powers as he regulates the business of life insurance, the granting, sale or offering for sale of prearranged funeral plans. Provided however, that the provisions governing prearranged funeral plans contained in this article that require stricter control or higher obligations on the part of the seller shall control. History: Laws 1984, ch. 127, § 901. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance § 8. What constitutes insurance - burial expenses, 63 A.L.R. 723, 100 A.L.R. 1449, 119 A.L.R. 1241. Contracts entered into before death, relating to burial or cremation, or steps incident thereto, as opposed to public policy, or as proper subject of regulation by statute, 68 A.L.R. 1525. Validity of statutes regulating pre-need contracts for the sale or furnishing of burial services and merchandise, 68 A.L.R.2d 1251.
NM Stat § 59A-49-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 49 - Prearranged Funeral Plans|Section 59A-49-5 - Restrictions on persons, places for sale of funeral plans.

A. No person who works in, or owns any interest in, any business which sells or furnishes any of the property, facilities or services customarily furnished in connection with funerals, burials or other services attending the disposition of human bodies after death may be licensed or otherwise authorized to sell prearranged funeral plans, but may be licensed or otherwise authorized to sell life insurance specifically designed to fund funeral plans. B. No person licensed or otherwise authorized to sell funeral plans may pay any retainer, salary, commission or premium to any person who sells or furnishes any personal property, facilities or services customarily furnished in connection with funerals or other services attending the disposition of human bodies after death for soliciting or otherwise promoting the sale of funeral plans. History: Laws 1984, ch. 127, § 903; 1987, ch. 48, § 1. ANNOTATIONSSale of life insurance. — A person licensed to sell life insurance specifically designed to fund funeral plans need not be licensed to practice "funeral service." 1987 Op. Att'y Gen. No. 87-60. If the seller of life insurance specifically designed to fund funeral plans is a funeral practitioner, the seller must be sure to conduct the sale in a way that does not deprive or tend to deprive a person desiring to acquire funeral services of the advantages of competition in their acquisition, such as representing that his particular funeral establishment must be the beneficiary, or that the funds generated by the policy can be used only at his establishment; such practice would cause the life insurance to become a "funeral plan" under 59A-49-4A NMSA 1978, which a funeral practitioner is forbidden to prearrange. 1987 Op. Att'y Gen. No. 87-60. Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance § 8. What constitutes insurance - burial expenses, 63 A.L.R. 723, 100 A.L.R. 1449, 119 A.L.R. 1241. Contracts entered into before death, relating to burial or cremation, or steps incident thereto, as opposed to public policy, or as proper subject of regulation by statute, 68 A.L.R. 1525. Validity of statutes regulating pre-need contracts for the sale or furnishing of burial services and merchandise, 68 A.L.R.2d 1251.
NM Stat § 59A-49-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 49 - Prearranged Funeral Plans|Section 59A-49-7 - May not enforce contract sold in violation; insurer may not pay to restricted persons without consent.

A. No person may enforce in any court of this state any asserted obligation of a purchaser of a funeral plan sold in violation of this article. B. No authorized insurer shall pay or permit to be paid any money accruing as a benefit of a policy to any person restricted from selling funeral plans under Subsection A of Section 903 [59A-49-5 NMSA 1978] of this article without the written consent of the person or persons entitled to such benefit after accrual thereof. History: Laws 1984, ch. 127, § 905.
NM Stat § 59A-49-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 49 - Prearranged Funeral Plans|Section 59A-49-8 - Criminal penalties.

Any seller of prearranged funeral plans who sells any such plan without having been properly licensed to do so, or who violates any of the requirements of this article or any lawful regulation or order of the superintendent in connection with the sale of funeral plans, is guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). Each sale of each instrument shall be considered a separate offense, and each day in which any seller fails to comply with a lawful order of the superintendent is a separate offense. The penalties contained in this section shall be in addition to and not in lieu of any other penalties which may apply. History: Laws 1984, ch. 127, § 906. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Contracts entered into before death, relating to burial or cremation, or steps incident thereto, as opposed to public policy, or as proper subject of regulation by statute, 68 A.L.R. 1525. Validity of statutes regulating pre-need contracts for the sale or furnishing of burial services and merchandise, 68 A.L.R.2d 1251.
NM Stat § 59A-50-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-1 - Short title.

This article [Chapter 59A, Article 50 NMSA 1978] may be cited as the "Motor Club Law". History: Laws 1984, ch. 127, § 907. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 62. Constitutionality, construction and application of statutes relating to motor club service, 89 A.L.R. 930. Combining or "stacking" of "no fault" or personal injury protection (PIP) coverages in automobile liability policy or policies, 29 A.L.R.4th 12. Combining or "stacking" medical payment provisions of automobile liability policy or policies issued by one or more insurers to one insured, 29 A.L.R.4th 49.
NM Stat § 59A-50-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-3 - Certificate of authority required; fees.

No person shall provide motor club services or do business as a motor club in this state without having first met the requirements of this article, and having obtained a certificate of authority from the superintendent. The fee for such certificate shall be as specified in Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code. History: Laws 1984, ch. 127, § 909.
NM Stat § 59A-50-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-5 - Issuance, refusal of certificate of authority; continuance or expiration.

A. Within a reasonable time after application for certificate of authority is filed, the superintendent shall either issue or refuse to issue the certificate. The superintendent shall issue the certificate to the applicant unless: (1) the applicant has not met all requirements of this article; or (2) the applicant does not, in the superintendent's judgment, have sufficient financial responsibility to engage in business as a motor club; or (3) the applicant has failed to make a reasonable showing that all of its owners, managers, officers, directors or representatives are persons of reliability and integrity. B. If the superintendent refuses to issue the certificate of authority he shall notify the applicant as soon as practicable, stating the reasons for such refusal, and inform the applicant of its right to a hearing on the matter as provided in Section 59 [59A-4-15 NMSA 1978] (hearings, in general) of the Insurance Code. C. All certificates of authority issued under this article shall be subject to continuance and expiration in the same applicable manner and on dates as provided in Article 5 [Chapter 59A, Article 5 NMSA 1978] of the Insurance Code with respect to certificates of authority of insurers, and for the purpose thereof a motor club may be referred to as an "insurer" therein. As prerequisite to continuance of the certificate of authority the superintendent may require the motor club to file with him its financial statement for the previous calendar year in such form as he may prescribe or accept. History: Laws 1984, ch. 127, § 911.
NM Stat § 59A-50-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-6 - Additional security.

A. In addition to the security deposited by a motor club at the time application for certificate of authority is made, the superintendent may require the motor club to establish and maintain reserves out of the receipts from the sale of motor club services under contract. The amount required, if any, may be established from time to time as the superintendent determines is reasonable and necessary for the protection of motor club members but in any event shall not exceed fifty percent of the receipts collected for the period of the service contract. Funds received under this section shall be placed in trust and released as directed by regulation or order of the superintendent. B. Notwithstanding the provisions of Section 910 [59A-50-4 NMSA 1978] of this article and Subsection A of this section the superintendent may require additional general deposits, in a reasonable amount and in admitted assets of the types of securities authorized by law, whenever he deems it necessary. History: Laws 1984, ch. 127, § 912.
NM Stat § 59A-50-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-7 - Service contracts.

A. Any motor club service contract form, amendment thereof and agreement collateral thereto shall be filed with the superintendent before final execution of any such document. The superintendent shall prohibit the use of any language, condition or requirement in such service contracts, amendments and collateral agreements which is false, misleading, unfair, inequitable or otherwise contrary to public interest. Any prohibition of language, condition or requirement shall be made by the superintendent within thirty (30) days after the date the document is filed or shall be made anytime thereafter pursuant to the administrative hearing procedures provided for in Article 4 [Chapter 59A, Article 4 NMSA 1978] of the Insurance Code. B. Each service contract shall contain a provision that if the motor club is unable to perform a contract obligation either on a service or indemnity basis the cash retail equivalent shall be paid to the member. History: Laws 1984, ch. 127, § 913.
NM Stat § 59A-50-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-8 - Investigations, examinations.

The superintendent shall have the same powers and authority under this article to conduct investigations, and to conduct examinations of books, records and accounts at the expense of the person so examined, as vested in him with respect to insurers and other persons under Article 4 [Chapter 59A, Article 4 NMSA 1978] of the Insurance Code and subject to the applicable provisions of such Article 4. History: Laws 1984, ch. 127, § 914.
NM Stat § 59A-50-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-9 - Suspension, revocation or refusal to continue certificate of authority.

The superintendent may suspend, revoke, or refuse to continue the certificate of authority of a motor club upon finding, after notice and opportunity for hearing, that the motor club has: A. violated any provision of this article; B. failed to maintain the standards required for issuance of its original certificate of authority as specified in this article; C. become insolvent; D. liabilities in excess of its assets; E. engaged in one or more fraudulent or deceptive acts; or F. entered into a service contract the form of which has not been filed with the superintendent, or containing language, condition or requirement prohibited by the superintendent pursuant to Section 913 [59A-50-7 NMSA 1978] of this article. History: Laws 1984, ch. 127, § 915.
NM Stat § 59A-50-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-10 - Name, trademarks, emblems.

The superintendent may disapprove the name, trademarks and emblems which a motor club employs or proposes to employ in connection with its business. If such a name, trademarks or emblems are distinctive and are not similar to or in conflict with a local organization or a nationally registered or copyrighted name, emblem or insignia and not likely to confuse or mislead the public as to the nature or identity of the motor club using or proposing to use it, and will not interfere with the transactions of a motor club already operating in this state, then they shall be approved. Otherwise, the superintendent may disapprove their use and order that the motor club cease to use them. History: Laws 1984, ch. 127, § 916.
NM Stat § 59A-50-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-11 - Violation hearings.

A. If as a result of investigation or examination the superintendent has cause to believe that any person is violating any provision of this article, he shall send notice of the violation by certified mail to the person so believed to be in violation. The notice shall state the time and place for a hearing to be held on the alleged violation, within not less than thirty (30) days from the date of the notice. B. The hearing shall be conducted and be subject to provisions relative to hearings of the superintendent in general under Article 4 [Chapter 59A, Article 4 NMSA 1978] of the Insurance Code. History: Laws 1984, ch. 127, § 917.
NM Stat § 59A-50-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-12 - Service of process; superintendent appointed attorney.

A. Every authorized motor club shall file with the superintendent its appointment of the superintendent in writing, on form as prescribed and furnished by the superintendent, as its true and lawful attorney, upon whom all lawful process in any action or proceeding against the motor club may be served. In the power of attorney the motor club shall stipulate and agree that all such process served upon the superintendent, or, in his absence, upon any employee in apparent charge of his office, shall be of the same legal force and validity as if served on the motor club itself, and that the authority shall continue in force so long as any liability or obligation remains outstanding in this state against the motor club by reason of its operations under this article. B. Whenever such process is served upon the superintendent three (3) copies thereof shall be furnished. The superintendent shall forthwith forward by certified mail (return receipt requested) one copy of the process to the motor club and one copy to its resident manager or other similar official, if any, in this state, directed to the address of the motor club, manager or official at address thereof last of record with the superintendent. The server of the process shall at time of such service pay to the superintendent the service of process fee in amount specified in Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code, taxable as costs in the action or proceeding. C. Process so served upon the superintendent and copies mailed as hereinabove required shall constitute effective service of such process upon the motor club. History: Laws 1984, ch. 127, § 918. ANNOTATIONSCross references. — For service of process, see Rule 1-004 NMRA.
NM Stat § 59A-50-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-13 - Registered representatives required; qualifications for registration.

A. No person shall be, act as or purport to be a representative of a motor club in this state unless then registered as such with the superintendent by the motor club. B. To qualify for registration the applicant shall: (1) be an individual not less than eighteen years of age; (2) be of good personal and business reputation; (3) not previously have been refused registration or had registration revoked; (4) be suitable and competent to act as such representative; and (5) intend in good faith to act and hold himself out as such a representative. C. As part of an application for registration, a nonresident applicant shall appoint the superintendent, on a form prescribed and furnished by the superintendent, as agent on whom may be served all legal process issued by a court in this state in any action involving the nonresident registrant. The appointment is irrevocable and continues for so long as an action involving the nonresident registrant could arise. Duplicate copies of process shall be served upon the superintendent or other person in apparent charge of the insurance division during the superintendent's absence, accompanied by payment of the process service fee specified in Section 59A-6-1 NMSA 1978. Upon service the superintendent shall promptly forward a copy by certified mail, return receipt requested, to the nonresident registrant at his last address of record with the superintendent. Process served and copy forwarded as so provided constitutes personal service upon the nonresident registrant. D. A nonresident registrant shall also file with the superintendent a written agreement to appear before the superintendent pursuant to a notice of hearing, show cause order or subpoena issued by the superintendent and deposited, postage paid, by certified mail in a letter depository of the United States post office, addressed to the nonresident registrant at his last address of record with the superintendent, and that upon failure of the nonresident registrant to appear, the nonresident registrant consents to subsequent suspension, revocation or refusal of the superintendent to continue the license. History: Laws 1984, ch. 127, § 919; 1999, ch. 272, § 24; 1999, ch. 289, § 37. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, deleted former Paragraph B(2), which read "be a resident of New Mexico", redesignated the subsequent paragraphs accordingly, and added Subsections C and D. Laws 1999, ch. 272, § 24 and Laws 1999, ch. 289, § 37, both effective June 18, 1999, enacted identical amendments to this section. The section was set out as amended by Laws 1999, ch. 289, § 37. See 12-1-8 NMSA 1978.
NM Stat § 59A-50-14 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-14 - Registration procedure and matters relating to registration of representatives.

Appointment of representatives, issuance or refusal of certificate of registration, continuance or expiration of registration, suspension, revocation or refusal to continue registration, and all related matters shall be governed by the applicable provisions of Article 11 [Chapter 59A, Article 11 NMSA 1978] (licensing procedures) of the Insurance Code as though registration of a motor club representative were the same as licensing of an agent by a casualty insurer, except that applicant for registration as motor club representative shall not be required to take and pass an examination, whether written or oral, as a qualification for registration. The fee for filing application for registration and annual continuance of registration shall be as specified in Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code. History: Laws 1984, ch. 127, § 920.
NM Stat § 59A-50-15 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-15 - Motor club bound.

The motor club shall be bound by the acts of its representative while so registered and acting within his actual or apparent authority. History: Laws 1984, ch. 127, § 921.
NM Stat § 59A-50-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-16 - Representing unauthorized motor club prohibited.

No person shall in this state be, act as, or purport to be a salesman, solicitor or representative of a motor club doing business in this state and not then holding certificate of authority issued by the superintendent. History: Laws 1984, ch. 127, § 922.
NM Stat § 59A-50-17 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-17 - Limitations upon advertising.

Motor clubs shall make no reference to their certificate of authority or approval from the superintendent or the state in any advertising, circular, contract or membership card nor shall any such motor club advertise or describe its services in such a manner as would lead the public to believe that such services include motor vehicle insurance. History: Laws 1984, ch. 127, § 923.
NM Stat § 59A-50-18 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 50 - Motor Clubs|Section 59A-50-18 - Service contract and membership card.

Every motor club shall furnish to its members a service contract and membership card together with the following information: A. the exact name of the motor club; B. the exact location of the motor club's home office, and of its usual place or places of business in this state, giving telephone numbers, street numbers, city and zip code; and C. a description of the services or benefits to which the member or subscriber is entitled. The completed application and the description of services shall constitute the service contract unless the motor club otherwise provides and the superintendent approves another form of service contract. History: Laws 1984, ch. 127, § 924.