reglab/housing_qa huggingface dataset:
NM Stat § 59A-54-17 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 54 - Medical Insurance Pool|Section 59A-54-17 - Rules.

The superintendent shall: A. adopt rules that provide for disclosure by members of the pool of the availability of insurance coverage from the pool; B. adopt rules that implement the provisions of the Medical Insurance Pool Act; and C. adopt any other rules deemed necessary in order to carry out the provisions of the Medical Insurance Pool Act. History: 1978 Comp., § 59A-54-17, enacted by Laws 1987, ch. 154, § 17; 2001, ch. 352, § 11. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, substituted "Medical Insurance Pool Act" for "Comprehensive Health Insurance Pool Act" in Subsections B and C.
NM Stat § 59A-54-18 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 54 - Medical Insurance Pool|Section 59A-54-18 - Collective action.

Neither the participation by insurers in the pool, the establishment of rates, forms or procedures for coverages issued by the pool nor any other joint or collective action required by the Medical Insurance Pool Act shall be the basis of any legal action, civil or criminal liability or penalty against the members of the pool either jointly or separately. History: 1978 Comp., § 59A-54-18, enacted by Laws 1987, ch. 154, § 18; 2001, ch. 352, § 12. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, substituted "Medical Insurance Pool Act" for "Comprehensive Health Insurance Pool Act".
NM Stat § 59A-54-20 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 54 - Medical Insurance Pool|Section 59A-54-20 - Benefit payments reduction.

A. The pool shall be the last payer of benefits whenever any other benefit is available. Benefits otherwise payable under pool coverage shall be reduced by all amounts paid or payable through any other health insurance or health benefit plan, including a self-insured plan and by all hospital and medical expense benefits paid or payable under any workmen's compensation coverage, automobile medical payment or liability insurance, whether provided on the basis of fault or nonfault, and by any hospital or medical benefits paid or payable under or provided pursuant to any state or federal law program. B. The administrator or the pool shall have a cause of action against an eligible person for the recovery of the amount of benefits paid which are not for covered expenses. Benefits due from the pool may be reduced or refused as a set-off against any amount recoverable under this subsection. History: 1978 Comp., § 59A-54-20, enacted by Laws 1987, ch. 154, § 20.
NM Stat § 59A-54-21 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 54 - Medical Insurance Pool|Section 59A-54-21 - Exemption.

The pool is exempt from payment of all fees and all taxes levied by this state or any of its political subdivisions. History: 1978 Comp., § 59A-54-21, enacted by Laws 1987, ch. 154, § 21.
NM Stat § 59A-55-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-1 - Short title.

Sections 1 through 26 [59A-55-1 to 59A-55-26 NMSA 1978] of this act may be cited as the "Risk Retention and Purchasing Group Act". History: Laws 1988, ch. 125, § 1.
NM Stat § 59A-55-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-2 - Purpose.

The purpose of the Risk Retention and Purchasing Group Act is to regulate the formation and operation of risk retention groups and purchasing groups in New Mexico formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986 to the extent permitted by that act. History: Laws 1988, ch. 125, § 2. ANNOTATIONSCross references. — For the Federal Liability Risk Retention Act of 1986, see 15 U.S.C. § 3901 et seq.
NM Stat § 59A-55-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-4 - Risk retention groups authorized in New Mexico.

A. A risk retention group seeking a New Mexico certificate of authority shall, pursuant to the provisions of the New Mexico Insurance Code, be licensed to write only liability insurance pursuant to the Risk Retention and Purchasing Group Act and, except as provided elsewhere in that act, must comply with all of the laws, rules, regulations and requirements applicable to insurers obtaining a certificate of authority as a domestic insurer and with Sections 5 through 16 [59A-55-5 to 59A-55-16 NMSA 1978] of the Risk Retention and Purchasing Group Act to the extent such requirements are not a limitation on the laws, rules, regulations or requirements of New Mexico. B. Before it may offer insurance in any state, each New Mexico domiciled risk retention group shall submit for approval to the New Mexico superintendent a plan of operation or feasibility study. The risk retention group shall submit an appropriate revision in the event of any subsequent material change in any item of the plan of operation or feasibility study, within ten days of any such change. The group shall not offer any additional kinds of liability insurance in this state or in any other state until a revision of such plan or study is approved by the superintendent. C. At the time of filing its application for a certificate of authority, the risk retention group shall provide to the superintendent any information and fees the superintendent requires for the application process. History: Laws 1988, ch. 125, § 4. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-55-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-5 - Risk retention groups not having a New Mexico certificate of authority.

A. Risk retention groups chartered and licensed in states other than New Mexico and seeking to do business as a risk retention group in New Mexico shall provide to the superintendent before engaging in the business of insurance in New Mexico: (1) a notice of operation in New Mexico which shall include the information required by the superintendent; (2) a copy of its plan of operation or feasibility study submitted to the superintendent of the state in which the risk retention group is chartered or licensed unless exempted by regulation; (3) as required by the superintendent, a copy of its financial statement prepared by one acceptable to the superintendent and any examinations or audit conducted of the risk retention group; and (4) a designation of the superintendent as its agent for the purpose of receiving service of legal documents or process, with a filing fee determined by the superintendent. B. The risk retention group shall also submit to the superintendent a copy of any revisions to its plan of operation or feasibility study required by the superintendent of the state in which it is chartered or licensed as well as any information required to verify its continuing qualification as a risk retention group under Subsection J of Section 3 [59A-55-3 NMSA 1978] of the Risk Retention and Purchasing Group Act. History: Laws 1988, ch. 125, § 5.
NM Stat § 59A-55-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-7 - Compliance with unfair claims settlement practices.

All risk retention groups doing business in New Mexico and their agents and representatives shall comply with the provisions of Section 59A-16-20 NMSA 1978. History: Laws 1988, ch. 125, § 7.
NM Stat § 59A-55-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-8 - Deceptive, false or fraudulent practices.

All risk retention groups doing business in New Mexico shall comply with the laws contained in the New Mexico Insurance Code regarding deceptive, false or fraudulent acts or practices. History: Laws 1988, ch. 125, § 8. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-55-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-9 - Examination regarding financial condition.

Each risk retention group shall submit to an examination by the superintendent to determine its financial condition if the superintendent of the jurisdiction in which the group is chartered and licensed has not initiated an examination or does not initiate an examination within sixty days after a request by the New Mexico superintendent. Any such examination shall be coordinated to avoid unjustified repetition and conducted in an expeditious manner and in accordance with the national association of insurance commissioner's handbook. All such examinations shall be paid for by the risk retention group pursuant to Section 59A-4-14 NMSA 1978. History: Laws 1988, ch. 125, § 9.
NM Stat § 59A-55-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-10 - Notice to purchasers.

The superintendent may require risk retention groups to provide notice to purchasers concerning the limitation of regulatory oversight of risk retention groups and the lack of insolvency guaranty fund protection. History: Laws 1988, ch. 125, § 10.
NM Stat § 59A-55-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-11 - Prohibited acts regarding solicitation or sale.

The following acts by a risk retention group are prohibited: A. the solicitation or sale of insurance by a risk retention group to any person who is not eligible for membership in such group; and B. the solicitation or sale of insurance by, or operation of, a risk retention group that is in hazardous financial condition or financially impaired. History: Laws 1988, ch. 125, § 11.
NM Stat § 59A-55-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-12 - Prohibition on ownership by an insurance company.

No risk retention group shall be allowed to do business in this state if an insurance company is directly or indirectly a member or owner of such risk retention group, other than in the case of a risk retention group all of whose members are insurance companies. History: Laws 1988, ch. 125, § 12.
NM Stat § 59A-55-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-13 - Prohibited coverage.

The terms of any insurance policy issued by any risk retention group shall not provide or be construed to provide coverage prohibited generally by statute of this state or declared unlawful by the highest court of this state whose law applies to such policy. History: Laws 1988, ch. 125, § 13.
NM Stat § 59A-55-14 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-14 - Delinquency proceedings.

A risk retention group not having a New Mexico certificate of authority that is doing business in New Mexico shall comply with a lawful order issued in a voluntary dissolution proceeding or in a delinquency proceeding commenced by a state superintendent if there has been a finding of financial impairment after an examination under Section 9 [59A-55-9 NMSA 1978] of the Risk Retention and Purchasing Group Act. History: Laws 1988, ch. 125, § 14.
NM Stat § 59A-55-15 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-15 - Penalties.

A risk retention group that violates any provision of the Risk Retention and Purchasing Group Act shall be subject to fines and penalties, including revocation of its right to do business in New Mexico, applicable to licensed insurers generally. History: Laws 1988, ch. 125, § 15.
NM Stat § 59A-55-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-16 - Operation prior to enactment of act.

In addition to complying with the requirements of the Risk Retention and Purchasing Group Act, any risk retention group operating in New Mexico prior to enactment of that act shall, within thirty days after the effective date of that act, comply with the provisions of Section 4 or 5 [59A-55-4 or 59A-55-5 NMSA 1978] of that act. History: Laws 1988, ch. 125, § 16. ANNOTATIONSCompiler's notes. — The phrase "effective date of that act" means July 1, 1988, the effective date of Laws 1988, Chapter 125, which enacted the Risk Retention and Purchasing Group Act.
NM Stat § 59A-55-17 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-17 - Compulsory associations.

A. No risk retention group shall be required or permitted to join or contribute financially to any insurance insolvency guaranty fund or similar mechanism in New Mexico nor shall any risk retention group or its insureds or claimants against its insureds receive any benefit from any such fund for claims arising under the insurance policies issued by such risk retention group. B. When a purchasing group obtains insurance covering its members' risks from an insurer not authorized in this state or a risk retention group, no such risks wherever resident or located shall be covered by any insurance guaranty fund or similar mechanism in this state. C. When a purchasing group obtains insurance covering its members' risks from an authorized insurer, only risks resident or located in this state shall be covered by the state guaranty fund. History: Laws 1988, ch. 125, § 17.
NM Stat § 59A-55-18 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-18 - Purchasing groups' exemption from certain laws.

A purchasing group and its insurer or insurers shall be subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers shall be exempt in regard to liability insurance for the purchasing group from any law that would: A. prohibit the establishment of a purchasing group; B. make it unlawful for an insurer to provide or offer to provide insurance on a basis providing to a purchasing group or its members advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages or other matters; C. prohibit a purchasing group or its members from purchasing insurance on a group basis described in Subsection B of this section; D. prohibit a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time; E. require that a purchasing group must have a minimum number of members, common ownership or affiliation or certain legal form; F. require that a certain percentage of a purchasing group must obtain insurance on a group basis; G. otherwise discriminate against a purchasing group or any of its members; or H. require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance agent or broker residing in New Mexico. History: Laws 1988, ch. 125, § 18.
NM Stat § 59A-55-19 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-19 - Notice and registration requirements of purchasing groups.

A. A purchasing group which intends to do business in New Mexico shall, prior to doing business, furnish notice to the superintendent. The notice shall contain all information requested by the superintendent. B. The purchasing group shall register with and designate the superintendent as its agent solely for the purpose of receiving service of legal documents or process, for which a filing fee shall be imposed by the superintendent, except that such requirements shall not apply in the case of a purchasing group which only purchases insurance that was authorized under the federal Product Liability Risk Retention Act of 1981 and: (1) which in any state: (a) was domiciled before April 1, 1986; and (b) is domiciled on and after October 27, 1986; or (2) which: (a) before October 27, 1986 purchased insurance from an insurance carrier licensed in any state; and (b) since October 27, 1986 purchased its insurance from an insurance carrier licensed in any state; (3) which was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986; and (4) which does not purchase insurance that was not authorized for purposes of an exemption under the Product Liability Risk Retention Act of 1981, as in effect before October 27, 1986. C. Each purchasing group that is required to give notice pursuant to Subsection A of this section shall also furnish such information as may be required by the superintendent. D. Any purchasing group which was doing business in this state prior to the enactment of the Risk Retention and Purchasing Group Act shall, within thirty days after the effective date of that act, furnish notice to the commissioner pursuant to the provisions of Subsection A of this section and furnish such information as may be required pursuant to Subsections B and C of this section. History: Laws 1988, ch. 125, § 19. ANNOTATIONSCross references. — For the Federal Product Liability Risk Retention Act of 1981, see 15 U.S.C. § 3901 et seq. Compiler's notes. — The phrase "effective date of that act" means July 1, 1988, the effective date of Laws 1988, Chapter 125, which enacted the Risk Retention and Purchasing Group Act.
NM Stat § 59A-55-20 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-20 - Restrictions on insurance purchased by purchasing groups.

A. A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of the state. B. A purchasing group may purchase insurance for its members in this state or covering its members' risks resident or located in this state only from insurers admitted in this state, from insurers that are eligible surplus lines insurers in this state or from risk retention groups that have registered in this state. C. A purchasing group which obtains liability insurance from an insurer not admitted in this state or a risk retention group shall inform each of the members of such group that have a risk resident or located in this state that such risk is not protected by an insurance insolvency guaranty fund in this state and that such risk retention group or such insurer may not be subject to all insurance laws and regulations of this state. D. No purchasing group may purchase insurance providing for a deductible or self-insured retention unless the deductible or self-insured retention is the sole responsibility of each individual member of the purchasing group. History: Laws 1988, ch. 125, § 20; 1999, ch. 289, § 40. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, added Subsection B and redesignated former Subsections B and C as Subsections C and D.
NM Stat § 59A-55-21 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-21 - Repealed.

History: Laws 1988, ch. 125, § 21; repealed by Laws 2018, ch. 57, § 31. ANNOTATIONSRepeals. — Laws 2018, ch. 57, § 31 repealed 59A-55-21 NMSA 1978, as enacted by Laws 1988, ch. 125, § 21, relating to purchasing group taxation, effective January 1, 2020. For provisions of former section, see the 2019 NMSA on NMOneSource.com.
NM Stat § 59A-55-22 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-22 - Administrative and procedural authority regarding risk retention groups and purchasing groups.

The superintendent is authorized to make use of any of the powers established under the New Mexico Insurance Code to enforce the laws of New Mexico not specifically preempted by the Risk Retention Act of 1986 including the superintendent's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose penalties and seek injunctive relief. With regard to any investigation, administrative proceedings or litigation, the procedural laws of New Mexico shall apply. The injunctive authority of the superintendent, in regard to risk retention groups, is restricted by the requirement that any injunction be issued by a court of competent jurisdiction. History: Laws 1988, ch. 125, § 22. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto. Compiler's notes. — The reference to the Risk Retention Act of 1986 should be either to the Risk Retention Amendments of 1986, which appear as 15 U.S.C. §§ 3901 to 3903, 3905, 3906 and 42 U.S.C. §§ 9671 to 9675, or to the Liability Risk Retention Act of 1986, which appears as 15 U.S.C. §§ 3901 to 3903.
NM Stat § 59A-55-23 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 55 - Risk Retention and Purchasing Groups|Section 59A-55-23 - Penalties.

A risk retention group that violates any provision of the Risk Retention and Purchasing Group Act shall be subject to fines and penalties applicable to licensed insurers generally, including revocation of its certificate of authority or the right to do business in New Mexico, or both. History: Laws 1988, ch. 125, § 23.