2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 16 - Trade Practices and Frauds › Section 59A-16-1 - Scope of article.

The provisions of Chapter 59A, Article 16 NMSA 1978 as applicable shall apply as to insurers, fraternal benefit societies, nonprofit health care plans, health maintenance organizations, prepaid dental services organizations, motor clubs, agents, brokers, solicitors, adjusters, providers of services contracts pursuant to the Service Contract Regulation Act [Chapter 59A, Article 58 NMSA 1978] and all other persons engaged in any business which is now or hereafter subject to the superintendent's supervision under the Insurance Code [Chapter 59A NMSA 1978], as well as all alien and foreign insurers delivering or issuing for delivery in New Mexico any certificate or other evidence of coverage. For the purposes of that article, the societies, organizations, clubs and persons shall be included within the meaning of "insurer", and contracts issued by them are included within the meaning of "policy".
History:
Laws 1984, ch. 127, § 269; 1985, ch. 164, § 1; 1987, ch. 259, § 16; 2001, ch. 206, § 19.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2002, inserted "providers of services contracts pursuant to the Service Contract Regulation Act" in the first sentence and inserted "and persons" following "clubs" in the second sentence.
Manager of claims office.
— The manager of an insurer's claims office is an "insurer" against whom third-parties can bring private actions for unfair claims settlement practices.
Martinez v. Cornejo
, 2009-NMCA-011, 146 N.M. 223, 268 P.3d 443, cert. denied, 2009-NMCERT-001, 145 N.M. 655, 203 P.3d 870.
Remedies.
— Causes of action may be maintained under both the New Mexico Unfair Trade Practices Act and the New Mexico Unfair Insurance Practices Act.
New Mexico Life Ins. Guar. Ass'n v. Quinn & Co.
, 1991-NMSC-036, 111 N.M. 750, 809 P.2d 1278.
Application to adjusters.
— Pursuant to this section, 59A-16-20 NMSA 1978 applies to adjusters as well as insurers.
Dellaria & Carnes v. Farmers Ins. Exch.
, 2004-NMCA-132, 136 N.M. 552, 102 P.3d 111.
Federal preemption.
— Claim under the New Mexico Unfair Insurance Practices Act, 59A-16-1 NMSA 1978 et seq., was preempted by the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.
Nechero v. Provident Life & Accident Ins. Co.
, 795 F. Supp. 374 (D.N.M. 1992).
Law reviews.
— For annual survey of New Mexico commercial law, see 16 N.M.L. Rev. 1 (1986).
For annual survey of New Mexico insurance law, 19 N.M.L. Rev. 717 (1990).
For note, "Workers' Compensation Law - Bad Faith Refusal of an Insurer to Pay Workers' Compensation Benefits: Russell v. Protective Insurance Company," see 20 N.M.L. Rev. 757 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Insured's responsibility for false answers inserted by insurer's agent in application following correct answers by insured, or incorrect answers suggested by agent, 26 A.L.R.3d 6.
Provisions of insurance company's contract with independent insurance agent restricting competitive placements by agent as illegal restraint of trade under state law, 42 A.L.R.4th 1072.
44 C.J.S. Insurance § 358.