reglab/housing_qa huggingface dataset:
NM Stat § 59A-18-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-1 - Scope of article.

Chapter 59A, Article 18 NMSA 1978 applies as to all insurance policies and annuity contracts of authorized insurers covering individuals resident, or risks located, or insurance protection to be rendered in this state, other than:A. reinsurance;B. policies or contracts not issued for delivery in this state nor delivered in this state, except for contracts for or endorsements of workers' compensation insurance when the workers' compensation risk insured arises from the employment of a worker performing work for an employer in New Mexico and that employer is not domiciled in New Mexico;C. wet marine and transportation insurance; orD. surplus lines insurance contracts, unless such contracts are specifically included by rule. History: Laws 1984, ch. 127, § 331; 1988, ch. 119, § 3; 2011, ch. 127, § 14; 2021, ch. 108, § 13. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, removed a reference to a repealed section of law; and in Subsection C, after "transportation insurance", deleted "as defined in Section 59A-7-5 NMSA 1978". The 2011 amendment, effective July 1, 2011, removed surplus lines insurance contracts specifically included by rule from the scope of the exception. Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 320 to 353. Insurer's duty, and effect of its failure, to provide insured or payee with copy of policy or other adequate documentation of its terms, 78 A.L.R.4th 9. Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444. Admissibility of polygraph or similar lie detector test results, or willingness to submit to test, on issues of coverage under insurance policy, or insurer's good-faith belief that claim was not covered, 7 A.L.R.5th 143. 44 C.J.S. Insurance § 298 et seq.
NM Stat § 59A-18-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-2 - "Policy" defined.

As used in this article "policy" means any contract of insurance, indemnity, health care, suretyship or annuity between the insurer and the insured, by whatever name such contract is called, and includes all clauses, riders, endorsements and papers which are a part thereof. History: Laws 1984, ch. 127, § 332.
NM Stat § 59A-18-3.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-3.1 - Closed block of business.

As used in Chapter 59A, Article 18 NMSA 1978, "closed block of business" means a policy or group of policies that division rules identify as closed because an insurer no longer markets or sells the policy or group of policies or because the policy's or group of policies' enrollment has decreased. History: Laws 2011, ch. 144, § 10. ANNOTATIONSEffective dates. — Laws 2011, ch. 144, § 14 made Laws 2011, ch. 144, § 10 effective January 1, 2012.
NM Stat § 59A-18-3.2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-3.2 - "Block of business" defined.

As used in Chapter 59A, Article 18 NMSA 1978, "block of business" means a particular policy or pool that provides health insurance, that an insurer issues to one or more individuals and that includes distinct benefits, services and terms. History: Laws 2011, ch. 144, § 11. ANNOTATIONSEffective dates. — Laws 2011, ch. 144, § 14 made Laws 2011, ch. 144, § 11 effective January 1, 2012.
NM Stat § 59A-18-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-4 - Insurable interest; personal insurance.

A. Any individual of competent legal capacity may procure or effect an insurance contract upon his own life or body for the benefit of any person. No person shall procure or cause to be procured any insurance contract upon the life or body of another individual unless the benefits under such contract are payable to the individual insured or his personal representatives, or to a person having, at the time such contract was made, an insurable interest in the individual insured. B. If the beneficiary, assignee or other payee under any contract made in violation of this section receives from the insurer any benefits thereunder accruing upon the death, disablement or injury of the individual insured, the individual insured or personal representative may maintain an action to recover such benefits from the person so receiving them. C. As used in this section, "insurable" interest as to such personal insurance means that every person has an insurable interest in the life, body and health of himself, if an individual, and in the life, body and health of other individuals as follows: (1) in the case of individuals related closely by blood or by law, a substantial interest engendered by love and affection; and (2) in the case of other persons, a lawful and substantial economic interest in having the life, health or bodily safety of the insured individual continue, as distinguished from an interest which would arise only, or would be enhanced in value, by the death, disablement or injury of the individual insured. D. An individual party to a contract or option for purchase or sale of an interest in a business partnership or firm, or of shares of stock of a corporation or of an interest in such shares, has an insurable interest in the life, body and health of each individual party to such contract and for the purposes of such contract only, in addition to any insurable interest which may otherwise exist as to such individual. E. An insurer shall be entitled to rely upon all statements, declarations and representations made by an applicant for insurance relative to the insurable interest of the applicant in the insured; and no insurer shall incur legal liability, except as set forth in the policy, by virtue of any untrue statements, declarations or representations so relied upon in good faith by the insurer. History: Laws 1984, ch. 127, § 334. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Insurable interest of brother or sister in life of sibling, 60 A.L.R.3d 98.
NM Stat § 59A-18-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-5 - Insurable interest, life insurance; exception when certain institutions designated beneficiary.

A. Life insurance contracts may be entered into in which the person paying the consideration for the insurance has no insurable interest in the life of the individual insured, where charitable, benevolent, educational or religious institutions or their agencies are designated irrevocably as the beneficiaries thereof. B. In making such contracts the person paying the premium shall make and sign the application therefor as owner, and shall designate irrevocably a charitable, benevolent, educational or religious institution or an agency thereof as the beneficiary or beneficiaries of such contract. The application shall be signed also by the individual whose life is to be insured. C. Nothing in this section shall prohibit any combination of the applicant, premium payer, owner and beneficiary from being the same person. D. Such a contract shall be valid and binding among the parties thereto, notwithstanding the absence otherwise of an insurable interest in the life of the individual insured. History: Laws 1984, ch. 127, § 335. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Estoppel of, or waiver by, issuer of life insurance policy to assert defense of lack of insurable interest, 86 A.L.R.4th 828.
NM Stat § 59A-18-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-6 - Insurable interest, property.

A. No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of the loss. B. "Insurable interest" as used in this section means any actual, lawful and substantial economic interest in the safety and preservation of the subject of the insurance free from loss, destruction, pecuniary damage or impairment. History: Laws 1984, ch. 127, § 336. ANNOTATIONSTest of insurable interest. — Any person has an insurable interest in property, by the existence of which he will gain an advantage, or by the destruction of which he will suffer a loss, whether he has or has not any title in, or lien upon, or possession of the property itself. Teague-Strebeck Motors, Inc. v. Chrysler Ins. Co., 1999-NMCA-109, 127 N.M. 603, 985 P.2d 1183, cert. denied, 127 N.M. 391, 981 P.2d 1209, overruled in part by Sloan v. State Farm Mut. Auto. Ins. Co., 2004-NMSC-004, 135 N.M. 106, 85 P.3d 230. Contingent interests. — Even though a purchase agreement for an automobile dealership that was destroyed by fire was subject to approval by the bankruptcy court, the purchaser had an insurable interest in the property if the agreement would in fact have been approved by the court had there been no fire. Teague-Strebeck Motors, Inc. v. Chrysler Ins. Co., 1999-NMCA-109, 127 N.M. 603, 985 P.2d 1183, cert. denied, 127 N.M. 391, 981 P.2d 1209, overruled in part by Sloan v. State Farm Mut. Auto. Ins. Co., 2004-NMSC-004, 135 N.M. 106, 85 P.3d 230 . Mobile home. — Insureds, who had an oral contract to purchase a mobile home and were co-obligors on a note secured by the mobile home in which they were residing when it was destroyed by fire, had an insurable interest in the mobile home. Suggs v. State Farm Fire & Cas. Co., 833 F.2d 883 (10th Cir. 1987), cert. denied, 486 U.S. 1007, 108 S. Ct. 1732, 100 L. Ed. 2d 196 (1988). Law reviews. — For annual survey of New Mexico insurance law, 19 N.M.L. Rev. 717 (1990). Am. Jur. 2d, A.L.R. and C.J.S. references. — Automobile fire, theft, and collision insurance: Insurable interest in stolen motor vehicle, 38 A.L.R.4th 538. Fire insurance: insurable interest of one expecting to inherit property or take by will, 52 A.L.R.4th 1273. Insurable interest in property of lessee with option to purchase property, 74 A.L.R.4th 883.
NM Stat § 59A-18-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-7 - Power to contract for insurance; purchase of insurance or annuity by minor.

A. Any person of competent legal capacity may contract for insurance. B. Any minor not less than fifteen (15) years of age may, notwithstanding his minority, contract for annuities or for insurance upon his own life or health, or on the person of another individual in whom the minor has an insurable interest. Such a minor shall, notwithstanding such minority, be deemed competent to exercise all rights and powers with respect to or under any such contract as might be exercised by an individual of full legal age, and may at any time surrender his interest in any such contract and give valid discharge for any benefit accruing or money payable thereunder. Such a minor shall not, by reason of his minority, be entitled to rescind, avoid or repudiate the contract, nor to rescind, avoid or repudiate any exercise of a right or privilege thereunder, except that such a minor not otherwise emancipated, shall not be bound by any unperformed agreement to pay by promissory note or otherwise, any premium on any such annuity or insurance contract. Any annuity or insurance contract procured by or for a minor under this subsection shall be made payable either to the minor or his estate or to a person having an insurable interest in the minor's life. History: Laws 1984, ch. 127, § 337. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 44 C.J.S. Insurance § 348.
NM Stat § 59A-18-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-8 - Consent of insured; life, health insurance.

No life or health insurance contract upon an individual, except a contract of group life insurance or of group or blanket health insurance, shall be made or effectuated unless at the time of the making of the contract, such individual applies therefor or has consented thereto in writing, except in the following cases: A. A spouse may effectuate such insurance upon the other spouse; B. Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of or pertaining to such minor; and C. Family policies may be issued insuring any two (2) or more members of a family on an application signed by either parent, a stepparent, a guardian, or by a husband or wife. History: Laws 1984, ch. 127, § 338. ANNOTATIONSWhere unsigned insurance policy enforceable. — Insurance policy was not void or otherwise unenforceable because the insured did not sign the application or consent to the policy in writing. Where the insured consents to, and even directs, procurement of an insurance policy on his life and believes that he is thereby insured, permitting the insurance company to avoid liability when the insured dies would not further the purpose of this section, which is to protect the insurer against speculation on his life and foul play. Jackson Nat'l Life Ins. Co. v. Receconi, 1992-NMSC-019, 113 N.M. 403, 827 P.2d 118.
NM Stat § 59A-18-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-9 - Alteration of application; life, health insurance.

No alteration of any written application for any life or health insurance policy or annuity contract shall be made by any person other than the applicant without his written consent, except that insertions may be made by the insurer for administrative purposes only in such manner as to indicate clearly that such insertions are not to be ascribed to the applicant. History: Laws 1984, ch. 127, § 339.
NM Stat § 59A-18-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-10 - Application as evidence.

A. The insured shall not be bound by any statement made in the application, and no application for issuance of any life or health insurance policy or annuity contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy or contract when issued. This subsection does not apply to industrial life insurance policies. B. If any policy of life or health insurance or annuity contract delivered in this state is reinstated or renewed, and the insured, beneficiary, annuitant or assignee of the policy or contract makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within fifteen (15) days after receipt of such request at its home office or any of its branch offices, deliver or mail a copy of the application to the person making the request. If such copy is not so delivered or mailed, the insurer shall be precluded from introducing the application as evidence in any action or proceeding based upon or involving such policy or contract or its reinstatement or renewal. If such a request is from a beneficiary or assignee, the time within which the insurer is required to furnish a copy of the application shall not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary's or assignee's vested interest in the policy or contract. C. As to kinds of insurance other than life or health insurance or annuity contract, no application for insurance signed by or on behalf of the insured shall be admissible in evidence in any action between the insured and the insurer arising out of the policy so applied for, if the insurer has failed, at expiration of thirty (30) days after receipt by the insurer at its home office or branch office, of a written demand therefor by or on behalf of the insured, to furnish to the insured a copy of the application reproduced by any legible means. History: Laws 1984, ch. 127, § 340. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of insurer's compliance with statutory requisites as to attaching copy of application to, or making it part of, policy, 18 A.L.R.3d 760.
NM Stat § 59A-18-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-13 - Approval or disapproval of health insurance forms.

A. With policy, endorsement, rider and application forms and classification of risks filed by the insurer with the superintendent under Section 59A-18-12 NMSA 1978 as to health insurance and health care plans, the insurer shall also file with the superintendent its rates applicable to such health insurance forms. An insurer shall not use any form that has not been approved by the superintendent or that is not in effect in accordance with Section 59A-18-14 NMSA 1978. B. All filings submitted pursuant to this section shall be filed electronically. The superintendent may designate an entity to receive the electronic filings submitted pursuant to this section. History: Laws 1984, ch. 127, § 343; 1987, ch. 244, § 10; 2003, ch. 397, § 1; 2009, ch. 182, § 3; 2011, ch. 144, § 3. ANNOTATIONSCross references. — For existing forms and filings, see notes following 59A-5-21 NMSA 1978. The 2011 amendment, effective January 1, 2012, required insurers of health care plans to file their rates and eliminated the sixty day period before an increase in health insurance premiums may become effective. The 2009 amendment, effective June 19, 2009, added Subsection C. The 2003 amendment, effective June 20, 2003, inserted the Subsection A designation and added Subsection B.
NM Stat § 59A-18-13.4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-13.4 - Repealed.

History: Laws 2011, ch. 144, § 7; repealed by Laws 2013, ch. 74, § 40.ANNOTATIONSRepeals. — Laws 2013, ch. 74, § 40 repealed 59A-18-13.4 NMSA 1978, as enacted by Laws 2011, ch. 144, § 7, relating to review of health insurance or plan rates, appeals to the public regulation commission, hearings, hearing examiner and findings, effective March 29, 2013. For provisions of former section, see the 2012 NMSA 1978 on NMOneSource.com.
NM Stat § 59A-18-13.5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-13.5 - Review of health insurance or plan rates; appeal to court of appeals from superintendent.

A. In a matter arising from an order of the superintendent on appeal pursuant to Section 59A-18-13.3 NMSA 1978, an aggrieved party may appeal to the court of appeals. B. The court of appeals shall consider the superintendent's order on appeal and reverse the order only if the court determines: (1) after evaluation of the record of evidence as a whole, that the superintendent's decision was not based on substantial evidence as to whether the proposed rates are reasonable, actuarially sound and based on reasonable administrative expenses; (2) that the superintendent's decision was arbitrary, capricious or an abuse of discretion; or (3) that the superintendent's decision on appeal is otherwise not in accordance with law. History: Laws 2011, ch. 144, § 8; 2013, ch. 74, § 24. ANNOTATIONSThe 2013 amendment, effective March 29, 2013, provided for appeals from the decisions of the superintendent of insurance to the court of appeals; in the title, after "appeal to", changed "supreme court", to "court of appeals", and deleted "commission" and added "superintendent"; in Subsection A, after "order of the", deleted "commission" and added "superintendent", after "Section", deleted "7 of this 2011 act" and added "59A-18-13.3 NMSA 1978", after "appeal to", deleted "supreme", and after "court", added "of appeals"; in Subsection B, in the introductory sentence, deleted "supreme", after "court", added "of appeals", after "consider the", deleted "commission's" and added "superintendent's", after "reverse the", deleted "commission's" and after "reverse the order", deleted "on appeal", and after "only if the", deleted "supreme"; and in Paragraphs (2) and (3) of Subsection B, deleted "commission's" and added "superintendent's".
NM Stat § 59A-18-13.6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-13.6 - Pooling of closed blocks of business.

For the purpose of determining the rate of any policy within a closed block of business, the superintendent may require an insurer to pool the experience of a closed block of business with all appropriate blocks of business that are not closed in accordance with Section 59A-18-13.1 NMSA 1978. An insurer shall not apply a rate penalty or surcharge beyond that which reflects the experience of a pool combined in accordance with this section. History: Laws 2011, ch. 144, § 9. ANNOTATIONSEffective dates. — Laws 2011, ch. 144, § 14 made Laws 2011, ch. 144, § 9 effective January 1, 2012.
NM Stat § 59A-18-15 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-15 - Repealed.

ANNOTATIONSRepeals. — Laws 2003, ch. 202, § 16 repealed 59A-18-15 NMSA 1978, as enacted by Laws 1984, ch. 127, § 345, relating to use of disapproved health insurance forms and associated penalties, effective June 20, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.
NM Stat § 59A-18-16.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-16.1 - Group coverage discontinuance and replacement.

The superintendent may promulgate reasonable rules and regulations to establish requirements for group coverage discontinuance and replacement. History: 1978 Comp., § 59A-18-16.1, enacted by Laws 1993, ch. 320, § 58.
NM Stat § 59A-18-18 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-18 - Charter, bylaw provisions.

No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer (other than the subscriber's agreement or power of attorney of a reciprocal insurer) a part of the contract unless such portion is set forth in full in the policy. History: Laws 1984, ch. 127, § 347.
NM Stat § 59A-18-19 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 18 - The Insurance Contract|Section 59A-18-19 - Execution of policies.

A. Every policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee or representative duly authorized by the insurer. B. A facsimile signature of any such executing individual may be used in lieu of an original signature. C. No policy which is otherwise valid shall be rendered invalid by reason of the apparent execution thereof on behalf of the insurer by the imprinted facsimile signature of an individual not authorized so to execute as of the date of the policy. History: Laws 1984, ch. 127, § 348.