reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-17 - Use of advisory organization filings.

A. An insurer may itself establish rates and supplementary rate information for a market segment based on the factors set forth in Section 59A-17-7 NMSA 1978 or it may in its rate filing incorporate by reference loss costs and other supplementary rate information prepared by an advisory organization, with modification for its own loss experience as the credibility of that experience allows.
B. Nothing in the Insurance Rate Regulation Law shall be construed as requiring an insurer to become a member of or subscriber to any advisory organization.
C. The superintendent may adopt rules establishing standards and administrative procedures to carry out the provisions of this section.
History:
Laws 1984, ch. 127, § 313; 1987, ch. 244, § 8; 1990 (2nd S.S.), ch. 2, § 93; 2003, ch. 202, § 10; 2007, ch. 367, § 19.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations".
The 2003 amendment,
effective June 20, 2003, rewrote this section.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-17.1 - Experience modification factor; workers' compensation claims; New Mexico Works Act.

A. Workers' compensation claims by participants as defined in the New Mexico Works Act [Chapter 27, Article 2B NMSA 1978] shall be separately recorded and maintained in the calculation of the experience modification factor used to calculate premiums for the participating employer so that the experience modification factor attributable to claims by participants can be separated from the remainder of the employer's experience modification factor.
B. The separately calculated experience modification factor for the first year of employment of each participant shall not be considered as part of the experience modification factor of any employer. The superintendent of insurance shall promulgate rules to implement this section.
C. For the purpose of this section, "participants" means participants as defined in the New Mexico Works Act.
History:
Laws 1999, ch. 181, § 1.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 181 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-18 - Advisory organizations; license required; obligation to provide service.

A. No advisory organization shall provide a service relating to the statistical collection or the rates of an insurance subject to the Insurance Rate Regulation Law, and no insurer shall use the services of the organization for such purposes, unless the organization has obtained a license as required by Section 59A-17-19 NMSA 1978.
B. No advisory organization shall refuse to supply a service for which it is licensed in this state to an authorized insurer offering to pay the fair and usual compensation for the services.
History:
Laws 1984, ch. 127, § 314; 2007, ch. 367, § 20.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations" and prohibited advisory organizations from providing services related to statistical collection.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 43 Am. Jur. 2d Insurance §§ 52, 57, 92.
44 C.J.S. Insurance §§ 19, 102.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-19 - Advisory organizations; licensing.

A. A person, whether domiciled within or outside this state, may apply to the superintendent for license as an advisory organization for the kinds of insurance or subdivisions thereof as are specified in its application. The application shall include:
(1) a copy of its constitution, charter, articles of organization, agreement, association or incorporation and a copy of its bylaws, plan of operation and other rules governing conduct of its business;
(2) a list of its members and subscribers;
(3) the name and address of one or more residents of this state upon whom notices, process affecting it or orders of the superintendent may be served;
(4) a statement showing its technical qualifications for acting in the capacity for which it seeks a license;
(5) payment of the license application fee in an amount specified in Section 59A-6-1 NMSA 1978; and
(6) any other relevant information and documents that the superintendent may require.
B. Every advisory organization that has applied for a license shall promptly notify the superintendent in writing of every material change in the facts or in the documents on which its application was based, or of change in name, address of its process agent under Paragraph (3) of Subsection A of this section. No amendment to a document referred to in Paragraph (1) of Subsection A of this section shall be effective until not less than thirty days after the amendment is filed with the superintendent.
C. If the superintendent finds that the applicant and the individuals through whom it acts are competent, trustworthy and technically qualified to provide the services proposed, and that all requirements of law are met, the superintendent shall within sixty days after completion of the application issue a license to the applicant specifying the authorized activity; otherwise, the superintendent shall refuse to issue the license and shall promptly notify the applicant, specifying the grounds for refusal. The superintendent shall not issue a license if the proposed activity would tend to create a monopoly or lessen or destroy price competition.
D. Licenses issued pursuant to this section shall remain in effect until the licensee withdraws from the state or until the license is suspended or revoked, subject to annual continuation on May 1 of each year by payment of the continuation fee specified in Section 59A-6-1 NMSA 1978.
History:
Laws 1984, ch. 127, § 315; 2007, ch. 367, § 21.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed the title of this section and changed "rate service organizations" to "advisory organizations".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 43 Am. Jur. 2d Insurance §§ 52, 57, 92.
44 C.J.S. Insurance §§ 19, 102.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-20 - Suspension, revocation of license.

The superintendent shall promptly revoke the license of an advisory organization if it ceases business or withdraws from this state, and the superintendent may suspend or revoke the license if the superintendent finds after a hearing that:
A. the organization no longer meets the qualifications for licensing; or
B. the organization has failed to file amended documents as required under Section 59A-17-19 NMSA 1978, or has violated or failed to comply with any other material requirement of the Insurance Rate Regulation Law or any other law.
History:
Laws 1984, ch. 127, § 316; 2007, ch. 367, § 22.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 43 Am. Jur. 2d Insurance § 59.
44 C.J.S. Insurance §§ 96, 97.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-21 - Conduct of advisory organization.

A. An advisory organization shall furnish its services without discrimination to its members and subscribers.
B. An advisory organization shall not adopt any rule, the effect of which would be to prohibit or regulate payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers.
History:
Laws 1984, ch. 127, § 317; 2007, ch. 367, § 23.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-22 - Repealed.

History:
Laws 1984, ch. 127, § 318; repealed by Laws 2007, ch. 367, § 38.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 367, § 38 repealed 59A-17-22 NMSA 1978, as enacted by Laws 1984, ch. 127, § 318, relating to deviations, workmen's compensation, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-22.1 - Repealed.

History:
Laws 1986, ch. 22, § 100; repealed by Laws 2007, ch. 367, § 38.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 367, § 38 repealed 59A-17-22.1 NMSA 1978, as enacted by Laws 1986, ch. 22, § 100, relating to legislative findings, purpose and insurance rates freeze, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-23 - Advisory organizations; appeal by minority.

A member of or subscriber to an advisory organization may appeal to the superintendent from the action or decision of the advisory organization in approving or rejecting a proposed change in or addition to the filings of the advisory organization and the superintendent shall, after a hearing, issue an order approving the action or decision of the advisory organization or directing it to give further consideration to the proposal; or, if the appeal is from the action or decision of the advisory organization in rejecting a proposed addition to its filings, the superintendent may, in the event the superintendent finds that the action or decision was unreasonable, issue an order directing the advisory organization to make an addition to its filings, on behalf of its members and subscribers, in a manner consistent with the superintendent's findings, within a reasonable time after the issuance of the order.
History:
Laws 1984, ch. 127, § 319; 2007, ch. 367, § 24.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations" and deleted Subsection B, providing for appeals based on failure of a rate service organization to make a filing on behalf of a member or subscriber.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-24 - Repealed.

History:
Laws 1984, ch. 127, § 319a; repealed by Laws 2007, ch. 367, § 38.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 367, § 38 repealed 59A-17-24 NMSA 1978, as enacted by Laws 1984, ch. 127, § 319a, relating to advisory organizations, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-25 - Joint underwriting, joint reinsurance pool and residual market mechanisms.

A. A group, association or other organization of insurers that engages in joint underwriting, joint reinsurance pools or residual market mechanisms through the group, association or organization or by standing agreement among the members, shall file with the superintendent:
(1) a copy of its constitution, its articles of incorporation, agreement or association and its bylaws and rules governing its activities, all duly certified by the custodian of the originals;
(2) a list of its members; and
(3) the name and address of a resident of this state upon whom notices or orders of the superintendent or process affecting the group, association or organization may be served.
B. Every such group, association or other organization shall notify the superintendent promptly in writing of changes in its constitution, its articles of incorporation, agreement or association, its bylaws and rules governing conduct of its business, its list of members or the name and address of its process agent referred to in Paragraph (3) of Subsection A of this section.
C. Every such group, association or organization shall be subject to regulation as herein provided, subject, however, as to joint underwriting to applicable provisions of the Insurance Rate Regulation Law, and as to joint reinsurance to Sections 59A-17-13, 59A-17-32, 59A-17-34 and 59A-17-35 NMSA 1978.
D. No group, association or organization shall engage in an unfair or unreasonable practice with respect to its activities. If, after a hearing, the superintendent finds that an activity or practice of a group, association or organization is unfair or unreasonable or otherwise inconsistent with the provisions of the Insurance Rate Regulation Law, the superintendent may issue an order specifying the respects in which the activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of the Insurance Rate Regulation Law and requiring discontinuance of the activity or practice.
History:
Laws 1984, ch. 127, § 320; 1999, ch. 289, § 24; 2007, ch. 367, § 25.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, required a filing by joint reinsurance pools and residual market organizations.
The 1999 amendment,
effective June 18, 1999, updated the statutory references throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 43 Am. Jur. 2d Insurance §§ 91, 92; 44 Am. Jur. 2d Insurance § 1858.
44 C.J.S. Insurance § 102.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-26 - Binding agreements by insurers.

No insurer shall assume an obligation to a person other than a policyholder or other insurers that with it are under common control or management or are members of a joint underwriting organization subject to the provisions of Section 59A-17-25 NMSA 1978, to use or adhere to certain rates or rules, and no other person shall impose a penalty or other adverse consequence for failure of an insurer to adhere to certain rates or rules except as to action by the superintendent in enforcement of Section 59A-17-12 NMSA 1978.
History:
Laws 1984, ch. 127, § 321; 2007, ch. 367, § 26.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, amended the section to delete the adherence to filed rules and require compliance with 59A-17-12 NMSA 1978.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-27 - Cooperative activities authorized.

Cooperation among advisory organizations or among organizations and insurers in rate making or in other matters within the scope of the Insurance Rate Regulation Law is hereby authorized, provided the filings resulting from the cooperation are subject to provisions of the Insurance Rate Regulation Law applicable to filings generally. The superintendent may review the cooperative activities and practices and if, after a hearing, the superintendent finds that the activity or practice is unfair or unreasonable or otherwise inconsistent with the Insurance Rate Regulation Law, the superintendent may issue an order specifying the respects in which the activity or practice is unreasonable or otherwise inconsistent with the Insurance Rate Regulation Law and requiring discontinuance of the activity or practice.
History:
Laws 1984, ch. 127, § 322; 2007, ch. 367, § 27.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-28 - Recording, reporting of experience.

The superintendent shall promulgate or approve reasonable rules, including rules providing statistical plans, for use by all insurers in the recording and reporting of loss and expense experience, so that the experience of an insurer may be made available to the superintendent at least annually in such form and detail as may be necessary to aid the superintendent in determining whether rating systems comply with applicable rate standards and requirements. In promulgating the rules and plans the superintendent shall give due consideration to the rating systems on file with the superintendent and, so that the rules and plans may be as uniform as practicable among the several states, to the rules and form of plans used for rating systems in other states. No insurer shall be required to record or report its experience on a classification basis inconsistent with its own rating system. The superintendent may designate one or more advisory organizations to assist the superintendent in gathering that experience and making compilations of that experience, which shall be made available to insurers, advisory organizations and the public.
History:
Laws 1984, ch. 127, § 323; 2007, ch. 367, § 28.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-29 - Exchange of data, consultation authorized.

A. The superintendent may promulgate reasonable rules and plans for interchange among insurers, advisory organizations and others, of data necessary for application of rating plans.
B. For furtherance of uniformity in administration of rate regulatory laws, the superintendent and every insurer and advisory organization may exchange information and experience data with insurance regulatory officials, insurers and advisory organizations in this and other states and may consult with them as to rate making and the application of rating systems.
History:
Laws 1984, ch. 127, § 324; 2007, ch. 367, § 29.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-30 - Information to be furnished insureds; hearings and appeals of insureds.

A. Every advisory organization and every insurer that makes its own rates shall, within time frames promulgated by the superintendent or, in the absence of time frames, within a reasonable time after receiving written request, furnish to an insured affected by a rate made by it, or to the authorized representative of the insured, all pertinent information as to the rate.
B. Every advisory organization and every insurer that makes its own rates shall provide within this state reasonable means whereby a person aggrieved by the application of its rating system may be heard, in person or by the person's authorized representative, on the person's written request to review the manner in which the rating system has been applied in connection with the insurance afforded the person. If the advisory organization or insurer fails to grant or reject the request within thirty days after it is made, the applicant may proceed in the same manner as if the application had been rejected. A party affected by the action of the rate service organization or the insurer on the request may, within thirty days after written notice of the action, appeal to the superintendent, who, after a hearing, may affirm or reverse the action. If, after the hearing, it is determined that the rates charged by an insurer are in excess of the otherwise appropriate rate, the overcharge shall be refunded to the insured.
History:
Laws 1984, ch. 127, § 325; 2007, ch. 367, § 30.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations"; authorized the superintendent to promulgate time frames for providing rate information to insureds; and provided for the refund of excessive rates to insureds.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-31 - False or misleading information.

No person shall willfully withhold information from, or knowingly give false or misleading information to, the superintendent or statistical agency designated by the superintendent or advisory organization or insurer that will affect rates or rating plans under the Insurance Rate Regulation Law. Violation of this section shall be subject to the penalties provided under Section 59A-1-18 NMSA 1978.
History:
Laws 1984, ch. 127, § 326; 2007, ch. 367, § 31.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 43 Am. Jur. 2d Insurance § 69.
44 C.J.S. Insurance §§ 15 et seq., 96, 97.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-32 - Examination of advisory and joint underwriting organizations, joint reinsurance pools and residual market mechanisms.

A. To be informed about any matter related to enforcement of provisions of the Insurance Code [Chapter 59A NMSA 1978], the superintendent may examine the affairs and condition of any advisory or joint underwriting organization, joint reinsurance pool or residual market mechanism. The superintendent shall examine every advisory organization and conduct the examinations at intervals established by rules promulgated by the superintendent.
B. In lieu of all or part of an examination, or in addition to an examination, the superintendent may order an independent audit by certified public accountants or actuarial evaluation by actuaries approved by the superintendent, or may accept the report of an audit already made by certified public accountants or actuarial evaluation by actuaries approved by the superintendent, or the report of an examination made by the insurance supervisory official of another state.
C. Conduct of the examination, examiners and other personnel used by the superintendent in making the examinations, payment of costs of the examination by the examinee, examination report and review and adoption and the examination in general shall be subject to the applicable provisions of Chapter 59A, Article 4 NMSA 1978.
History:
Laws 1984, ch. 127, § 327; 2007, ch. 367, § 32.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations" and permitted the superintendent to examine joint reinsurance pools and residual market mechanisms.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-33 - Enforcement; cease and desist, injunctions; penalties.

A. The superintendent shall enforce compliance with the provisions of the Insurance Rate Regulation Law. Whenever the superintendent believes that there is a violation of the Insurance Rate Regulation Law and that such violation is continuing, the superintendent shall serve upon the advisory, joint underwriting, joint reinsurance pool, residual market mechanism or insurer or other person violating, as the case may be, notice of a hearing before the superintendent to be held not less than twenty days after service of the notice, and requiring the organization or person to show cause why the superintendent should not order the organization or person to cease and desist from the violation.
B. The superintendent, through the attorney general, may maintain an action to enjoin a continuing violation of the Insurance Rate Regulation Law.
C. After hearing, the superintendent may suspend the license of an advisory organization or insurer that fails to comply with the superintendent's order within the time limited by the order or an extension of time that the superintendent may grant. The suspension shall not become effective until the time prescribed for an appeal has expired, or if an appeal has been taken, until the order has been affirmed; otherwise, the superintendent may determine when the suspension shall become effective, and the suspension shall remain in effect for the period fixed unless the superintendent modifies or rescinds the suspension, or until the order on which suspension is based is modified, rescinded or reversed.
D. If the superintendent finds that a person has violated any provision of the Insurance Rate Regulation Law, the superintendent may impose a penalty of not more than ten thousand dollars ($10,000) for each violation; but if the superintendent finds the violation to be willful, the superintendent may impose a penalty of not more than twenty-five thousand dollars ($25,000) for each violation. Such penalties may be in addition to any other penalty provided by law, and, if not paid voluntarily by the violator, may be collected through civil action in the district court of Santa Fe county in the name of the state of New Mexico on the relation of the insurance board.
E. For the purposes of this section, an insurer using a rate for which the insurer has failed to file the rate, supplementary rate information or supporting information, if Section 59A-17-9 NMSA 1978 requires the materials to be filed, shall have committed a separate violation for each day the failure continues.
History:
Laws 1984, ch. 127, § 328; 2007, ch. 367, § 33.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations"; added joint reinsurance pools and residual market mechanisms in Subsection A; changed the maximum penalty to $10,000 for a violation and $25,000 for a willful violation; and added Subsection E.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 43 Am. Jur. 2d Insurance § 59.
44 C.J.S. Insurance §§ 96, 97.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-34 - Hearings.

A. Any person aggrieved by any action, threatened action or failure to act of the superintendent or otherwise under Chapter 59A, Article 17 NMSA 1978 shall have the same right to a hearing before the superintendent with respect thereto as provided for in general under Section 59A-4-15 NMSA 1978. Notice of hearing shall be given, the hearing conducted, rights and powers exercised and the superintendent's order on hearing made and given as provided as to hearings in general under the applicable provisions of Chapter 59A, Article 4 NMSA 1978.
B. Any person aggrieved by the superintendent's order issued pursuant to this section or by the superintendent's refusal to hold the hearing may appeal the order or refusal to the court of appeals.
History:
Laws 1984, ch. 127, § 329; 1990, ch. 110, § 1; 1999, ch. 289, § 25; 2011, ch. 127, § 13; 2013, ch. 74, § 20.
ANNOTATIONS
Cross references.
— For rules governing pleading, practice and procedure in civil actions,
see
New Mexico Rules of Civil Procedure.
For appeals,
see
Rules of Appellate Procedure for Civil Cases Rule 12-102 NMRA.
The 2013 amendment,
effective March 29, 2013, provided for review of the superintendent of insurance's actions; in the title, deleted "Hearing and review as to superintendent's actions" and added "Hearings"; in Subsection B, after "the hearing may", deleted "request a review by the public regulation commission in the manner set for the by rule of the commission. The request for review shall be filed no later than thirty days after the issuance of the order of the superintendent or the superintendent's refusal to hold a hearing" and added "appeal the order or refusal to the court of appeals".
The 2011 amendment,
effective July 1, 2011, established a deadline of thirty days after the issuance of the superintendent's order or refusal to hold a hearing within which to file a request for review by the public regulation commission.
The 1999 amendment,
effective June 18, 1999, substituted references to the public regulation commission for references to the insurance board in Subsection B.
Time limit for filing appeal.
— A dispute concerning whether a class of employees will be classified as oil field workers or supervisory personnel for purposes of tabulating workers' compensation insurance premiums was a dispute under Article 17 of this chapter, and not Article 4 of this chapter. Therefore, the appeal filed by the aggrieved party 40 days after the decision of the insurance fraud was properly dismissed as untimely pursuant to the time limit for the filing of action set forth in 59A-17-35 NMSA 1978.
Home Indem. Co. v. Arapahoe Drilling Co.
, 1993-NMCA-025, 115 N.M. 204, 848 P.2d 1131.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 235 et seq.; 43 Am. Jur. 2d Insurance § 56.
44 C.J.S. Insurance § 15 et seq.; 73 C.J.S. Public Administrative Law and Procedure §§ 98, 114.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17 - Insurance Rates and Rating › Section 59A-17-36 - Rate filing; failure to submit data; penalty.

A. An insurer or advisory organization that makes a rate filing under the Insurance Rate Regulation Law and fails, without reasonable cause, to provide the data requested by the superintendent within thirty working days from the date of the request shall be subject to an administrative penalty as provided in Section 59A-1-18 NMSA 1978.
B. The superintendent may, for good cause shown, grant an extension of the thirty-day time period provided for in Subsection A of this section.
C. The insurer or advisory organization may, within ten days after entry of the order, request a hearing before the superintendent as provided in Section 59A-17-34 NMSA 1978.
History:
1978 Comp., § 59A-17-36, enacted by Laws 1989, ch. 145, § 2; 2007, ch. 367, § 35.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "rate service organizations" to "advisory organizations".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17A - Personal Insurance Credit Information Act › Section 59A-17A-1 - Short title.

This act [59A-17A-1 to 59A-17A-11 NMSA 1978] may be cited as the "Personal Insurance Credit Information Act".
History:
Laws 2005, ch. 275, § 1.
ANNOTATIONS
Compiler's notes.
— The Personal Insurance Credit Information Act was not enacted as part of the Insurance Code. It has been compiled within the Insurance Code for the convenience of the user.
Effective dates.
— Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 1 effective January 1, 2006.
ANNOTATIONS
Applicability.
— Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17A - Personal Insurance Credit Information Act › Section 59A-17A-2 - Purpose and application.

The Personal Insurance Credit Information Act regulates the use of credit information in the underwriting, rating or renewal of personal insurance for the protection of consumers and applies to personal insurance written by an insurer or a group of affiliated insurers authorized to do business in this state or written pursuant to the FAIR Plan Act [59A-29-1 to 59A-29-9 NMSA 1978], but does not apply to commercial insurance or any other types of insurance.
History:
Laws 2005, ch. 275, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 2 effective January 1, 2006.
ANNOTATIONS
Applicability.
— Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17A - Personal Insurance Credit Information Act › Section 59A-17A-3 - Definitions.

As used in the Personal Insurance Credit Information Act:
A. "adverse action" means a denial or cancellation of, an increase in a charge for or a reduction or other adverse or unfavorable change in the terms of coverage or amount of insurance, existing or applied for, in connection with the underwriting, rating or renewal of personal insurance, which adverse action occurs when an insurer offers insurance at less favorable terms than it would have offered a consumer if the consumer's credit information had been more favorable;
B. "affiliate" means a company that directly or indirectly controls, is controlled by or is under the common ownership or control of another company;
C. "company placement" means the assignment of a consumer to a particular insurer within a group of affiliates;
D. "consumer" means an individual applicant or insured whose credit information is relied upon or used to calculate an insurance score for underwriting, rating or renewing a personal insurance coverage;
E. "consumer reporting agency" means a person or entity that, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties;
F. "credit information" means a written, oral or other communication of information prepared by a consumer reporting agency or provided by the consumer on an application for or renewal of credit, bearing on a consumer's credit worthiness, credit standing or credit capacity, that is used or expected to be used or collected in whole or in part for the purpose of underwriting, rating or renewing a personal insurance coverage;
G. "insurance score" means a number or rating that is derived from an algorithm, computer application, model or other process that is based in whole or in part on credit information and is used for underwriting, rating or renewing personal insurance coverage; and
H. "personal insurance" means private passenger automobile, homeowners', motorcycle, mobile-homeowners', boat, personal watercraft, snowmobile, recreational vehicle, noncommercial dwelling fire, personal umbrella or any other type of insurance policy that is individually underwritten for personal, family or household use.
History:
Laws 2005, ch. 275, § 3; 2013, ch. 74, § 22.
ANNOTATIONS
The 2013 amendment,
effective March 29, 2013, deleted the definition of "superintendent"; and deleted Subsection I, which defined "superintendent" to mean the insurance division of the public regulation commission.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17A - Personal Insurance Credit Information Act › Section 59A-17A-4 - Use of credit information; limits on use.

An insurer or group of affiliated insurers authorized to do business in New Mexico that uses credit information to underwrite, rate or renew personal insurance coverage shall not:
A. use an insurance score that is calculated using income, gender, address, race, color, national origin, religion or marital status of the consumer as a factor;
B. deny, cancel or fail to renew coverage, or base a consumer's company placement, tier placement or rates, on the basis of credit information or an insurance score without consideration of other underwriting factors permitted by state law;
C. consider an absence of credit information or an inability to calculate an insurance score in underwriting, rating or renewing personal insurance coverage unless the insurer:
(1) classifies the consumer as having average or better than average credit information for that insurer or group of affiliated insurers; or
(2) excludes the use of credit information as a factor in rating or underwriting personal insurance coverage;
D. take adverse action against a consumer based upon credit information, or upon an insurance score calculated from credit information, submitted more than ninety days before the date of notice of the adverse action;
E. use credit information upon renewal unless the insurer obtains current credit information and recalculates the insurance score at least every thirty-six months. Upon the request of a consumer, an insurer that uses credit information upon renewal shall obtain current credit information and recalculate an insurance score. An insurer shall not be required to obtain current credit information or recalculate an insurance score more frequently than every twelve months except for the correction of an error as described in Section 6 [59A-17A-6 NMSA 1978] of the Personal Insurance Credit Information Act. The Personal Insurance Credit Information Act does not require an insurer to obtain current credit information or recalculate an insurance score if:
(1) an improved insurance score would not cause the consumer to be placed in a more favorably priced company or tier of the insurer; or
(2) the insurer does not rely upon credit information or an insurance score to underwrite, rate or renew the consumer's personal insurance coverage;
F. use an insurance score in whole or in part to deny, restrict or alter the fees charged for a premium payment plan; or
G. use credit inquiries as a factor in any insurance scoring methodology or to underwrite, rate or renew personal insurance coverage.
History:
Laws 2005, ch. 275, § 4.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 4 effective January 1, 2006.
ANNOTATIONS
Applicability.
— Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17A - Personal Insurance Credit Information Act › Section 59A-17A-6 - Error correction.

If it is determined by a consumer reporting agency that a consumer's credit information is inaccurate or incomplete and the insurer is notified of this determination by the consumer reporting agency or the consumer, the insurer or its group of affiliated insurers shall re-underwrite and rerate the consumer's personal insurance coverage within thirty days of receiving the notice, refund any overpaid premium and, if necessary, make a related adjustment, including company placement, consistent with its filed underwriting and rating guidelines.
History:
Laws 2005, ch. 275, § 6.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 6 effective January 1, 2006.
ANNOTATIONS
Applicability.
— Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17A - Personal Insurance Credit Information Act › Section 59A-17A-7 - Initial notification of use of credit information.

A. If an insurer uses credit information to calculate an insurance score to underwrite, rate or renew personal insurance coverage, the insurer shall disclose to the consumer at least once, either at the time of application or upon the first renewal subsequent to December 31, 2005, in writing or in the same medium as the application or renewal, that it uses that information.
B. An insurer may use the following disclosure language to comply with the requirements of this section: "In connection with your application for insurance coverage, we may review and use information contained in your credit report to help determine your premium or your eligibility for coverage.".
History:
Laws 2005, ch. 275, § 7.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 7 effective January 1, 2006.
ANNOTATIONS
Applicability.
— Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17A - Personal Insurance Credit Information Act › Section 59A-17A-8 - Adverse action notification.

A. If an insurer takes an adverse action based upon credit information, the insurer shall notify the consumer in writing, or in the same medium as the application or renewal, of the nature of the adverse action, the reasons for the adverse action and the insurer's extraordinary life circumstances exception policies and procedures as provided by Section 5 [59A-17A-5 NMSA 1978] of the Personal Insurance Credit Information Act.
B. The notification shall identify, in clear and simple language and in descending order of importance, the four most important factors that prevented the consumer from receiving a more favorable insurance score. The factors shall be identified with sufficient specificity that a consumer can identify the factors on a standard credit report.
C. In addition to the information described in Subsections A and B of this section, the notification shall include any other language prescribed by rule issued by the superintendent.
History:
Laws 2005, ch. 275, § 8.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 8 effective January 1, 2006.
ANNOTATIONS
Applicability.
— Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17A - Personal Insurance Credit Information Act › Section 59A-17A-10 - Rulemaking authority.

The superintendent may adopt rules the superintendent deems necessary to implement and ensure full compliance with the provisions of the Personal Insurance Credit Information Act.
History:
Laws 2005, ch. 275, § 10.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 10 effective January 1, 2006.
ANNOTATIONS
Applicability.
— Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 17A - Personal Insurance Credit Information Act › Section 59A-17A-11 - Severability.

If any part or application of the Personal Insurance Credit Information Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
History:
Laws 2005, ch. 275, § 11.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 275, § 13 made Laws 2005, ch. 275, § 11 effective January 1, 2006.
ANNOTATIONS
Applicability.
— Laws 2005, ch. 275, § 12 provided that Laws 2005, ch. 275, §§ 1 through 11 apply to personal insurance policies written to be effective or renewed on or after January 1, 2006.
2023 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; or
D. 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 144, § 14 made Laws 2011, ch. 144, § 10 effective January 1, 2012.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 144, § 14 made Laws 2011, ch. 144, § 11 effective January 1, 2012.
2023 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.
ANNOTATIONS
Am. 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.