reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-10 - Appeal to superintendent.

Any person or subscribing insurer to the plan or plans affected by any ruling or decision of the governing committee of any assigned risk plan or decision of the governing committee of any assigned risk plan or plans pursuant to the Motor Vehicle Assigned Risks Law [59A-32-1, 59A-32-3 to 59A-32-13 NMSA 1978] may appeal to the superintendent from such ruling or decision.
History:
Laws 1984, ch. 127, § 528.
ANNOTATIONS
Compiler's notes.
— The repeated language, "decision of the governing committee of any assigned risk plan", appears in the section as enacted by Laws 1984, ch. 127, § 528.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-11 - Action by superintendent.

The superintendent, whenever any matter is referred to him under the Motor Vehicle Assigned Risks Law [59A-32-1, 59A-32-3 to 59A-32-13 NMSA 1978], shall review all information available to him and relating to the matter, including information available to him and relating to the matter, including information available to him from his records, the records of the motor vehicle division of the transportation department and other sources, and based upon his consideration of such information and the record of any hearing which he may in his discretion call and conduct informally, the superintendent, in his reasonable discretion, may: refuse to approve any application for assignment of risk; approve the rejection of any application by any insurer concerned; refuse to approve the renewal to reassignment of an existing policy; or take such other action as he shall determine to be fair and reasonable under all the circumstances. All testimony and other evidence on which the superintendent bases any action under the Motor Vehicle Assigned Risks Law shall be filed of record in the insurance department. Any such action by the superintendent shall be by order in writing, directed to the parties affected and filed of record in the insurance department.
History:
Laws 1984, ch. 127, § 529.
ANNOTATIONS
Compiler's notes.
— The repeated language, "and relating to the matter, including information available to him", in the first sentence, appears in the section as enacted by Laws 1984, ch. 127, § 529.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-12 - Action by superintendent; review.

Any action by the superintendent pursuant to the Motor Vehicle Assigned Risks Law [59A-32-1, 59A-32-3 to 59A-32-13 NMSA 1978] shall be subject to review and appeal as provided in Article 4 [Chapter 59A, Article 4 NMSA 1978] (examinations, hearings and appeals) of the Insurance Code.
History:
Laws 1984, ch. 127, § 530.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-13 - Rules and regulations.

The superintendent may prescribe, amend, supplement and revoke from time to time regulations as he may deem warranted for the administration of the Motor Vehicle Assigned Risks Law [59A-32-1, 59A-32-3 to 59A-32-13 NMSA 1978].
History:
Laws 1984, ch. 127, § 531.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-14 - Insurance policies; appropriate reduction in premiums.

A. Any rates, rating schedules or rating manuals for the liability, personal injury protection and collision coverages of a motor vehicle insurance policy submitted to or filed with the superintendent of insurance shall provide for an appropriate reduction in premium charges for a three-year consecutive period for such coverages when the principal operator of the covered vehicle:
(1) is an insured driver fifty-five years or older; and
(2) has successfully completed a motor vehicle accident prevention course approved by the traffic safety bureau of the state highway and transportation department.
B. Any discount used by the insurer pursuant to this section shall be presumed appropriate unless credible data demonstrates otherwise.
History:
Laws 1987, ch. 18, § 1; 1989, ch. 131, § 1.
ANNOTATIONS
Law reviews.
— For annual survey of New Mexico insurance law, see 19 N.M.L. Rev. 717 (1990).
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-15 - Conditions for maintaining the discount.

The premium reduction required by this section shall be effective for an insured for a three-year period after successful completion of the approved course, except that the insurer may require, as a condition of maintaining the discount, that the insured:
A. not be involved in an accident for which the insured is at fault; and
B. not be convicted or plead guilty or nolo contendere to a moving traffic violation.
History:
Laws 1987, ch. 18, § 2.
ANNOTATIONS
Law reviews.
— For annual survey of New Mexico insurance law, see 19 N.M.L. Rev. 717 (1990).
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-16 - Certificate of course completion.

Upon successfully completing the approved course, each person shall be issued a certificate by the organization offering the course which shall be used to qualify for the premium discount required by Section 1 [59A-32-14 NMSA 1978] of this act.
History:
Laws 1987, ch. 18, § 3.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-17 - Exceptions.

The provisions of this act [59A-32-14 to 59A-32-19 NMSA 1978] do not apply in the event the approved course is ordered by a court or other governmental entity resulting from a moving traffic violation or made a condition of the dismissal of a moving traffic violation.
History:
Laws 1987, ch. 18, § 4.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-19 - Discounts or reductions in premiums.

Nothing in Sections 59A-32-14 through 59A-32-18 NMSA 1978 shall prohibit an insurer offering private passenger motor vehicle insurance to New Mexico residents from providing a minimum twenty percent premium discount for bodily injury liability, property damage liability and collision coverages.
History:
Laws 1987, ch. 18, § 6; 1991, ch. 135, § 1; 1993, ch. 194, § 1.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, deleted the Subsection "A" designation; deleted former Subsections B through E, relating to a twenty percent premium discount to be provided for in any rating schedules submitted to the superintendent of insurance, provisions for circumstances under which the discount would be effective, regulations withholding the discount, and authorization to apply the discount for persons fifty-five years old, respectively.
Temporary provisions.
— Laws 1993, ch. 194, § 2 provides that a person whose private passenger motor vehicle insurance premium was increased as a result of application of the provisions of Laws 1991, Chapter 135, Section 1 shall be refunded the amount of the increased premium or receive a credit for that amount against a renewal premium. If a refund is due to a policyholder who is no longer insured by the insurer, the insurer may satisfy the provisions of this section by making a good faith effort to deliver the refund to the policyholder at his last known address.
The 1991 amendment,
effective June 14, 1991, rewrote this section, which read "Nothing in Sections 1 through 5 of this act shall prohibit an insurer from offering a discount or a reduction in premium for any reason."
No rate rollback required.
— The plain language of former Subsection B as it read prior to its deletion in 1993 merely required insurers to provide a minimum 20% premium differential between those policyholders who had been involved in an accident during the prior three-year period and those without such accidents. The statute did not state that premium rates must be set at any particular level or that the discount must be 20% below rates filed with the superintendent of insurance. Despite the legislature's use of the words "Discounts or Reductions in Premiums" in the title, a court would not construe the statute to require an insurance premium rate roll back because the plain meaning of the text did not require a 20% rate reduction. 1991 Op. Att'y Gen. No. 91-10.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-20 - Rental car companies; insurance coverage.

Any rental car company offering for sale insurance coverage or collision damage waivers shall state clearly on the front page of the rental contract that the purchaser of the insurance coverage or collision damage waiver offered may be covered for such claims on his personal motor vehicle insurance policy and that if such insurance coverage exists under the renter's personal insurance policy, and the coverage is confirmed, the renter may require that the rental car company must submit any claims to the renter's personal insurance carrier as the renter's agent. The rental car company shall not make any written or oral representations that it will not present claims or negotiate with the renter's insurance carrier. For purposes of this section, confirmation of coverage includes telephone confirmation from an insurance company representative.
History:
Laws 1987, ch. 303, § 1.
ANNOTATIONS
Law reviews.
— For annual survey of New Mexico insurance law, see 19 N.M.L. Rev. 717 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
State regulation of motor vehicle rental ("you-drive") business, 60 A.L.R.4th 784.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-21 - Discounts for comprehensive coverage.

A. Any insurance company authorized to write private passenger automobile insurance within the state shall provide a minimum premium discount of ten percent for motor vehicles with passive anti-theft devices. These discounts shall apply to comprehensive coverage and shall be approved by the superintendent pursuant to Section 59A-17-13 NMSA 1978 as part of the insurer's rate filing. Some or all of the premium discounts required by this section may be omitted upon demonstration to the superintendent in an insurer's rate filing that the discounts are duplicative of other discounts provided by the insurer.
B. As used in this section, "passive anti-theft device" means any item or system installed in an automobile that is activated automatically when the operator turns the ignition key to the off position and that is designed to prevent unauthorized use, as prescribed by regulations of the superintendent. The "passive anti-theft device" does not include an ignition interlock provided as a standard anti-theft device by the original automobile manufacturer.
History:
Laws 1993, ch. 137, § 1.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-22 - Freedom of choice; doctor of oriental medicine.

A. Within the area and limits of coverage offered an insured and selected by him in the application for insurance, for vehicle insurance medical payments as defined in Subsection D of Section 59A-7-7 NMSA 1978, the right of any person to exercise full freedom of choice in the selection of any licensed doctor of oriental medicine for treatment within his scope of practice shall not be restricted under any new policy of vehicle insurance issued after July 1, 1997 in this state or in the processing of any claim made pursuant to that policy. Any person insured or claiming benefits under the medical payments portion of such vehicle insurance policy providing within its coverage for payment of benefits or indemnity for any condition or circumstance described in Subsection D of Section 59A-7-7 NMSA 1978 shall be deemed to have complied with the requirements of the policy as to submission of proof of loss upon submitting written proof supported by any doctor of oriental medicine.
B. As used in this section, "doctor of oriental medicine" means a person licensed as a doctor of oriental medicine pursuant to the Acupuncture and Oriental Medicine Practice Act [Chapter 61, Article 14A NMSA 1978].
History:
Laws 1997, ch. 84, § 1.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32 - Motor Vehicle Insurance › Section 59A-32-23 - Vehicle insurance; primary liability; assignment; notice.

A. When a vehicle owned by a licensed automobile dealer is loaned without a fee to a person for demonstration purposes, as a temporary substitute for that person's vehicle while it is being serviced or repaired, as a promotional courtesy vehicle or as a courtesy vehicle, primary insurance or self-insurance coverage shall be provided by the motor vehicle insurer providing coverage to the person using the demonstration vehicle, temporary substitute vehicle, promotional courtesy vehicle or a courtesy vehicle, and coverage provided by the dealer or the dealer's insurer applies only as excess coverage.
B. A person proposing to operate a motor vehicle for the purposes identified in Subsection A of this section may assume primary responsibility for the operator's vehicle insurance by signing the following statement:
"PRIMARY LIABILITY ASSIGNMENT
In consideration of the vehicle owner entrusting the motor vehicle elsewhere described to me, I agree that my vehicle insurance or self-insurance coverage shall be primarily responsible for any loss or damage caused by or to the motor vehicle.".
C. The agreement set forth in Subsection B of this section shall be binding on all insurers and self-insurers transacting insurance in the state as a condition of doing the business of transacting insurance.
History:
Laws 2001, ch. 88, § 1; 2002, ch. 86, § 1.
ANNOTATIONS
The 2002 amendment,
effective May 15, 2002, deleted former Subsection A, which read: "Except as provided in Subsection B or C of this section, a motor vehicle insurance policy or self-insurance agreement of the owner or long-term lessee of a motor vehicle shall provide primary coverage for bodily injury or property damage claims, subject to the terms, conditions, limits and types of coverage included in the policy or agreement"; and redesignated the remaining subsections accordingly.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32A - Rental Car Insurance Limited Producer License › Section 59A-32A-1 - Short title.

This act [59A-32A-1 to 59A-32A-9 NMSA 1978] may be cited as the "Rental Car Insurance Limited Producer License Act".
History:
Laws 2001, ch. 94, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 94, § 10 made the Rental Car Insurance Limited Producer License Act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32A - Rental Car Insurance Limited Producer License › Section 59A-32A-2 - Definitions.

As used in the Rental Car Insurance Limited Producer License Act:
A. "rental agreement" means a written master, corporate, group or individual agreement setting forth the terms and conditions governing the use of a rental car rented or leased by a rental car company;
B. "rental car" means a motor vehicle that is intended to be rented or leased for a period of ninety consecutive days or less by a driver who is not required to possess a commercial driver's license to operate the motor vehicle and the motor vehicle is one of the following:
(1) a private passenger motor vehicle, including a passenger van, minivan or sports utility vehicle; or
(2) a cargo vehicle, including a cargo van, pickup truck or truck with a gross vehicle weight of less than twenty-six thousand pounds;
C. "rental car agent" means a rental car company that is licensed to offer, sell, bind, effect, solicit or negotiate rental car insurance;
D. "rental car company" means a person or entity in the business of renting rental cars to the public, including a franchisee;
E. "rental car insurance" means insurance sold in connection with and incidental to the rental of vehicles, whether at the rental office or by a preselection of coverage in master, corporate, group or individual agreements, that is nontransferable, does not apply to any vehicle other than the rental car that is the subject of the rental agreement and is limited to the following kinds of insurance:
(1) personal accident insurance for renters and other rental car occupants, for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs with the rental car during the rental period;
(2) liability insurance that, at the exclusive option of the rental car company, may include uninsured and underinsured motorist coverage, whether offered separately or in combination with other liability insurance, and that provides protection to renters and other authorized drivers of rental cars for liability arising from the operation of the rental car during the rental period;
(3) personal effects insurance that provides coverage to renters and other vehicle occupants for loss of, or damage to, personal effects in the rental car during the rental period;
(4) roadside assistance and emergency sickness insurance; and
(5) any other travel or vehicle-related insurance coverage that a rental car company may offer in connection with and incidental to the rental of a rental car, as may be approved by the superintendent of insurance;
F. "rental car endorsee" means a rental car agent employee who offers, sells, binds, effects, solicits or negotiates rental car insurance; and
G. "renter" means a person who obtains the use of a vehicle from a rental car company under the terms of a rental agreement.
History:
Laws 2001, ch. 94, § 2.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 94, § 10 made the Rental Car Insurance Limited Producer License Act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32A - Rental Car Insurance Limited Producer License › Section 59A-32A-3 - General rules.

A. No rental car company and no officer, director, employee or agent of a rental car company shall offer, sell, bind, effect, solicit or negotiate the purchase of rental car insurance unless that company is licensed as an insurance producer pursuant to the New Mexico Insurance Code [Chapter 59A NMSA 1978] or has complied with the requirements of the Rental Car Insurance Limited Producer License Act.
B. The superintendent of insurance may issue to a rental car company that has complied with the requirements of the Rental Car Insurance Limited Producer License Act, a license that authorizes the rental car company to act as a rental car agent in accordance with the provisions of that act, in connection with and incidental to rental agreements, on behalf of any insurer authorized to write such insurance in this state.
History:
Laws 2001, ch. 94, § 3.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 94, § 10 made the Rental Car Insurance Limited Producer License Act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32A - Rental Car Insurance Limited Producer License › Section 59A-32A-4 - Licensing rental car companies as rental car agents.

A rental car company may apply to be licensed as a rental car agent under the terms of the Rental Car Insurance Limited Producer License Act if it satisfies all of the requirements of that act and if it files the following documents with the superintendent of insurance:
A. a written application for licensure, signed by the applicant or by an officer of the applicant, in the form prescribed by the superintendent of insurance that includes a listing of all locations at which the rental car company intends to offer, sell, bind, effect, solicit or negotiate rental car insurance; and
B. a certificate filed by the insurer for the applicant stating that the insurer has satisfied itself that the applicant is trustworthy and competent to act as its insurance producer limited to this purpose; that the insurer has reviewed the employee training program required by Subsection D of Section 59A-32A-5 NMSA 1978 and believes that it satisfies the statutory requirements; and that the insurer will appoint the applicant to act as its insurance producer to transact the kinds of insurance that are permitted by the Rental Car Insurance Limited Producer License Act if the license for which the applicant is applying is issued by the superintendent of insurance. The certification shall be subscribed by an officer or managing agent of the insurer on a form prescribed by the superintendent of insurance.
History:
Laws 2001, ch. 94, § 4; 2016, ch. 89, § 63.
ANNOTATIONS
The 2016 amendment,
effective July 1, 2017, clarified a citation in the section and replaced "agent" with "insurance producer" throughout the section; and in Subsection B, after "Subsection D of Section", deleted "5 of the Rental Car Insurance Limited Producer License Act" and added "59A-32A-5 NMSA 1978".
Severability.
— Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32A - Rental Car Insurance Limited Producer License › Section 59A-32A-6 - Rental car agent and endorsee restrictions.

No insurance may be issued, offered, sold, solicited or negotiated pursuant to this section unless:
A. the rental period of the rental agreement is ninety consecutive days or less;
B. at every location where rental agreements are executed, brochures or other written materials are readily available to the prospective renter that:
(1) summarize, clearly and correctly, the material terms and conditions of coverage offered to renters, including the identify of the insurer;
(2) describe the process for filing a claim in the event the renter elects to purchase coverage, including a toll-free telephone number to report a claim;
(3) provide the rental car agent's name, address, telephone number and license number, as well as the consumer hotline number for the superintendent of insurance;
(4) state that the rental car insurance offered by the rental car agent or endorsee may provide a duplication of coverage already provided by a renter's personal automobile policy or by another source of coverage;
(5) state that the purchase by the renter of the rental car insurance is not required in order to rent a rental car;
(6) state that neither the rental car agent nor its endorsees are qualified to evaluate the adequacy of the renter's existing insurance coverages;
(7) set forth the costs for the rental car insurance in the rental agreement; and
(8) contain any additional information as the superintendent of insurance may prescribe; and
C. evidence of the rental car insurance purchased is disclosed on the face of the rental agreement.
History:
Laws 2001, ch. 94, § 6.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 94, § 10 made the Rental Car Insurance Limited Producer License Act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32A - Rental Car Insurance Limited Producer License › Section 59A-32A-7 - Rental car agent and endorsee prohibitions.

A rental car agent or endorsee shall not:
A. offer, sell, bind, effect, solicit or negotiate the purchase of rental car insurance except in conjunction with and incidental to rental agreements;
B. advertise, represent or otherwise portray itself or any of its employees or agents as licensed insurers or insurance producers; or
C. pay any person, including a rental car endorsee, any compensation, fee or commission that is dependent solely on the placement of insurance under the license issued pursuant to the Rental Car Insurance Limited Producer License Act. Nothing in this section shall prohibit production payments or incentive payments to a person that are not dependent solely upon the sale of insurance.
History:
Laws 2001, ch. 94, § 7; 2016, ch. 89, § 64.
ANNOTATIONS
The 2016 amendment,
effective July 1, 2017, in Subsection B, after "licensed insurers", deleted "insurance agents", and after "or insurance", deleted "brokers" and added "producers".
Severability.
— Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32A - Rental Car Insurance Limited Producer License › Section 59A-32A-8 - Enforcement.

A. In the event a provision of the Rental Car Insurance Limited Producer License Act is violated by a rental car agent or endorsee, the superintendent of insurance may:
(1) after notice and hearing, revoke or suspend the license issued under the Rental Car Insurance Limited Producer License Act; or
(2) after notice and hearing, impose other penalties, including suspending the transaction of insurance at specific rental locations where violations of the Rental Car Insurance Limited Producer License Act have occurred.
B. If a person offers or sells insurance in connection with, or incidental to, rental agreements or holds himself or a company out as a rental car agent without satisfying the requirements of the Rental Car Insurance Limited Producer License Act, the superintendent of insurance shall be authorized to issue a cease and desist order.
History:
Laws 2001, ch. 94, § 8.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 94, § 10 made the Rental Car Insurance Limited Producer License Act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 32A - Rental Car Insurance Limited Producer License › Section 59A-32A-9 - Trust accounts.

Notwithstanding any provision of the Rental Car Insurance Limited Producer License Act or any other rule or statute, a licensee pursuant to that act shall not be required to treat money collected from renters purchasing rental car insurance when renting rental cars as funds received in a fiduciary capacity or to hold the funds in separate trust accounts.
History:
Laws 2001, ch. 94, § 9.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 94, § 10 made the Rental Car Insurance Limited Producer License Act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-1 - Assigned risk pool, short title.

Chapter 59A, Article 33 NMSA 1978 may be cited as the "Workers' Compensation Assigned Risk Pool Law".
History:
Laws 1984, ch. 127, § 534; 1989, ch. 42, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 Am. Jur. 2d Workers' Compensation §§ 468 to 473.
Pre-emption by Longshore and Harbor Workers' Compensation Act (33 USCS § 901 et seq.) of state law claims for bad-faith dealing by insurer or agent of insurer, 90 A.L.R. Fed. 723.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-2 - Scope of article.

The Workers' Compensation Assigned Risk Pool Law shall apply only as to contracts of workers' compensation insurance. Such contracts shall also be subject to the applicable provisions of Chapter 59A, Article 18 NMSA 1978.
History:
Laws 1984, ch. 127, § 533; 1989, ch. 42, § 2.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-3 - Purpose.

It is the purpose of the Workers' Compensation Assigned Risk Pool Law to provide for the insurance of workers' compensation insurance risks that have, in good faith but without success, sought insurance in the usual manner from any two or more insurers authorized to transact in New Mexico the business of workers' compensation insurance and to provide for the equitable distribution of risks among commercial line insurers.
History:
Laws 1984, ch. 127, § 535; 1989, ch. 42, § 3; 1990 (2nd S.S.), ch. 2, § 94; 1993, ch. 201, § 1.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, deleted "as determined by the superintendent" at the end of the section and made a minor stylistic change.
Law reviews.
— For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 Am. Jur. 2d Workers' Compensation § 469.
100 C.J.S. Workmen's Compensation § 372.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-4 - Definitions.

As used in the Workers' Compensation Assigned Risk Pool Law:
A. "board" means the governing board of the pool;
B. "commercial line insurer" means any foreign, alien or domestic stock or mutual insurer, or reciprocal or interinsurance exchange, or association or other corporation or organization authorized to transact workers' compensation insurance, commercial multiple peril insurance or commercial general liability insurance in this state. The superintendent may adopt rules and regulations to define commercial multiple peril insurance or commercial general liability insurance. For policy years beginning on or after January 1, 1994, "commercial line insurer" shall apply to workers' compensation only and shall not include commercial multiple peril insurance or commercial general liability insurance;
C. "person" means an individual, firm, association, corporation or a public or private agency or institution;
D. "policyholder" means a person or entity insured through or by the pool;
E. "pool" means the New Mexico workers' compensation assigned risk pool established pursuant to Section 59A-33-5 NMSA 1978;
F. "rejected risk" means an employer who is in good faith entitled to insurance but is unable to procure or retain insurance through ordinary methods in the voluntary market as evidenced by at least two written rejections. The term includes any legal entities that may be combined for experience-rating purposes according to the rules of the superintendent; and
G. "servicing carrier" means a person designated by the superintendent to issue a policy that evidences the insurance coverages provided to a rejected risk and to service the policyholder as provided in the Workers' Compensation Assigned Risk Pool Law.
History:
Laws 1984, ch. 127, § 536; 1989, ch. 42, § 4; 1990 (2nd S.S.), ch. 2, § 95; 1993, ch. 201, § 2.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added the second and third sentences in Subsection B; and inserted "Assigned Risk" in Subsection G.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-5 - Organization of assigned risk pool.

A. To carry into effect the provisions of the Workers' Compensation Assigned Risk Pool Law, there shall be maintained a nonprofit unincorporated association of commercial line insurers to be known as the "New Mexico workers' compensation assigned risk pool", and every commercial line insurer shall be a member of the pool.
B. The pool shall be governed by a board constituted of seven persons, appointed by the superintendent as follows:
(1) at least four members shall be knowledgeable and have experience in the field of workers' compensation insurance and be employed by or represent private, voluntary licensed insurance companies;
(2) all members shall be appointed for two-year terms; and
(3) all members shall be appointed and subject to removal by the superintendent.
C. The board shall adopt, amend and repeal bylaws, subject to the approval of the superintendent, to govern the board's and the pool's operation and administration and to provide for the self-sufficient, economic, fair and nondiscriminatory administration of the pool.
D. The pool shall pay all costs and expenses of operating and maintaining the pool, including any allowances for servicing policies issued through or reinsured by the pool. State funds shall not be appropriated or expended for payment of any costs or expenses incurred in the operation or maintenance of the pool.
E. There shall be no liability on the part of and no cause of action shall arise against the board, the pool, its executive director or any of its staff, agents, servants or employees or against any member of the pool or any of its officers, directors, agents, servants or employees, arising out of or in connection with any judgment or decision made in connection with the performance of the powers and duties under the Workers' Compensation Assigned Risk Pool Law. This shall include any inspections, safety engineering investigations performed, or recommendations made in good faith in any reports or in communications concerning employers due to their applying for or being provided insurance coverage by the pool, or at any administrative hearing or inquiry conducted in connection with insurance coverage provided by the pool pursuant to the purposes and objectives of the Workers' Compensation Assigned Risk Pool Law.
History:
Laws 1984, ch. 127, § 537; 1989, ch. 42, § 5; 1990 (2nd S.S.), ch. 2, § 96.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 Am. Jur. 2d Workers' Compensation § 469.
100 C.J.S. Workmen's Compensation § 372.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-5.1 - Operation of pool.

The pool shall operate towards being self-sufficient and shall be self-sufficient no later than July 1, 1995. The rates charged the policyholders shall be set so that the amount received in premiums, together with reasonable investment income earned on those premiums, is reasonably expected to be sufficient to pay claims and losses incurred and reasonable operating expenses of the servicing carriers.
History:
1978 Comp., § 59A-33-5.1, enacted by Laws 1990 (2nd S.S.), ch. 2, § 97.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-5.2 - Pool deficit review.

A. The pool's efficient and self-sufficient operation is essential to the successful operation of the workers' compensation system in New Mexico. The effect of the pool's operation upon small employers is a particularly critical concern that merits continuing and close supervision by the state. The state should make all reasonable efforts to ensure that employers who are good risks, and particularly small employers who have established good safety records, are not penalized in the pool with higher than warranted workers' compensation premium charges.
B. For the reasons set forth in this section, the superintendent shall continuously and closely monitor the performance of the pool, paying special attention to small employers. The superintendent shall report quarterly to the legislative finance committee on the status of the assigned risk pool.
History:
Laws 1990 (2nd S.S.), ch. 3, § 5.
ANNOTATIONS
Compiler's notes.
— This section was enacted as part of the "Assigned Risk Pool Law", but was assigned as part of the "Workers' Compensation Assigned Risk Pool Law" by the compiler.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-6 - Powers of the pool; duty of member companies; servicing carriers.

A. The pool shall provide workers' compensation insurance, pursuant to the terms of the Workers' Compensation Assigned Risk Pool Law, for any risk, under the laws of the state providing for workers' compensation, which risk in good faith has been tendered to and rejected by two or more insurers writing workers' compensation insurance. The pool may purchase reinsurance, either on a single occurrence or aggregate coverage basis.
B. In accordance with the bylaws of the pool, the board shall designate servicing carriers, that are willing to serve as such, the total number of which shall be determined by the board. Contracts with and compensation of servicing carriers shall be subject to the superintendent's approval. Contracts shall be for a term determined by the board subject to the superintendent's approval.
C. Following the adoption by the pool and approval by the superintendent of rules and regulations of the pool as provided for in Section 59A-33-9 NMSA 1978, the procedures and remedies established under the Workers' Compensation Assigned Risk Pool Law shall be the sole and exclusive procedures and remedies of any applicant for workers' compensation insurance in this state whose application for such insurance has in good faith been rejected in writing by two or more insurers writing workers' compensation insurance.
History:
Laws 1984, ch. 127, § 538; 1989, ch. 42, § 6; 1990 (2nd S.S.), ch. 2, § 98.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 Am. Jur. 2d Workers' Compensation § 469.
100 C.J.S. Workmen's Compensation § 372.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-7 - Assignment of risks by the pool.

When any person makes application to two or more insurers writing workers' compensation insurance for workers' compensation insurance and the insurers in good faith reject in writing the application, that person may file with the pool an application for assignment of the risk to a servicing carrier. If it appears to the pool that the risk is, in good faith, entitled to insurance, the pool shall assign such risk to a servicing carrier.
History:
Laws 1984, ch. 127, § 539; 1989, ch. 42, § 7; 1990 (2nd S.S.), ch. 2, § 99.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
100 C.J.S. Workmen's Compensation § 372.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-8 - Issuance of policy; annual report.

A. The servicing carriers to which the pool assigns a workers' compensation insurance risk shall issue a policy, upon the payment of the premiums, in a form and for those limits of liability that are approved by the superintendent in accordance with the Workers' Compensation Assigned Risk Pool Law; but the undertakings of any issued policy shall be fully reinsured by all of the members of the pool, and the liability of the member issuing the policy shall be limited to its liability as a reinsurer. On any workers' compensation policy so issued, all members of the pool shall be reinsurers, as among themselves, in proportion to the amount that the net direct commercial line premiums on the insurance written in this state during the corresponding calendar year by the issuing member bears to the total of commercial line premiums written in this state during the corresponding calendar year by all members of the agency, and each policy may be endorsed to reflect the plan of reinsurance described in this section.
B. The superintendent may by regulation establish an incentive program for commercial line insurers to voluntarily write small employers outside of the assigned risk pool. In establishing the program, the superintendent may provide for credits or adjustments to the net direct commercial line premium for the purposes of determining the reinsurance share described in Subsection A of this section.
History:
Laws 1984, ch. 127, § 540; 1989, ch. 42, § 8; 1990 (2nd S.S.), ch. 2, § 100; 1993, ch. 201, § 3.
ANNOTATIONS
Cross references.
— For existing forms and filings,
see
notes following 59A-5-21 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, added the Subsection "A" designation; substituted "corresponding" for "preceding" twice in the second sentence in Subsection A; and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 Am. Jur. 2d Workers' Compensation § 465.
100 C.J.S. Workmen's Compensation § 354.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-9 - Rules and regulations.

The pool shall adopt regulations to assure the fair, reasonable, equitable and nondiscriminatory assignment of workers' compensation insurance risks, the applicable rates and rate modifications and other matters necessary or advisable to carry into effect the provisions of the Workers' Compensation Assigned Risk Pool Law. Regulations shall have the prior approval of the superintendent before they become effective. If the pool for any reason has failed to adopt regulations as provided in this section, the superintendent may adopt and issue reasonable regulations assuring the fair, reasonable, equitable and nondiscriminatory assignment of workers' compensation insurance risks, the applicable rates and rate modifications and other matters necessary or advisable to carry into effect the provisions of the Workers' Compensation Assigned Risk Pool Law. Regulations adopted and issued by the superintendent shall continue in force until modified by the superintendent or superseded by regulations adopted by the pool and approved by the superintendent.
History:
Laws 1984, ch. 127, § 541; 1989, ch. 42, § 9; 1990 (2nd S.S.), ch. 2, § 101.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 Am. Jur. 2d Workers' Compensation § 469.
100 C.J.S. Workmen's Compensation § 372.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-9.1 - Policyholders' duty to disclose; ratings experience.

A. Failure or refusal by any rejected risk to make full disclosure to the pool, servicing carrier or insurer writing a policy of information concerning the policyholder's true ownership, change of ownership, operations or payroll or any other failure to disclose fully any records pertaining to workers' compensation insurance, shall be sufficient grounds for the pool to terminate the insurance of the policyholder as one not in good faith.
B. Incurred experience shall be used in future ratings regardless of a change in ownership, control, management or operations, and leasing companies shall adopt the incurred experience of the insured, so that no employer shall evade the burdens imposed by an unfavorable or high-cost experience.
History:
1978 Comp., § 59A-33-9.1, enacted by Laws 1990 (2nd S.S.), ch. 2, § 102.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-11 - Safety rules prescribed by the pool.

Any servicing carrier shall administer and enforce reasonable regulations adopted by the board, subject to the superintendent's approval, for the prevention of injuries to employees of its assigned policyholders or any applicant for assignment for workers' compensation insurance. For this purpose, the representatives of any servicing carrier shall have free access to the premises of any assigned policyholder or applicant for assignment during regular working hours. The failure or refusal by any policyholder or applicant to comply with the safety regulations or to permit such access shall be sufficient grounds for determining whether the policyholder or applicant is, in good faith, entitled to workers' compensation insurance or to a surcharge or restrospective [retrospective] rate for continued coverage.
History:
Laws 1984, ch. 127, § 543; 1989, ch. 42, § 11; 1990 (2nd S.S.), ch. 2, § 104.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-12 - Appeal to superintendent.

Any person aggrieved by any ruling or decision of the pool with respect to any assigned risk policy of workers' compensation insurance may file a written appeal to the superintendent, within thirty days following the ruling or decision. Upon receipt of an appeal, the superintendent shall schedule and hold a full hearing, on at least ten days' written notice to the parties affected, of the subject matter of the appeal, and after consideration of all matters presented at the hearing, as well as information available to him from the records of the insurance department, the superintendent may affirm, annul or modify the appealed ruling or decision, or take any other action with respect thereto determined by him to be fair, reasonable and nondiscriminatory, under all the circumstances. All testimony and other evidence on which the superintendent bases any decision under the Workers' Compensation Assigned Risk Pool Law shall be in writing, directed to the parties affected and filed of record in the insurance department.
History:
Laws 1984, ch. 127, § 544; 1989, ch. 42, § 12; 1990 (2nd S.S.), ch. 2, § 105.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-13 - Action by superintendent; review.

Any action by the superintendent pursuant to the Workers' Compensation Assigned Risk Pool Law shall be subject to the review and appeal as provided in Chapter 59A, Article 4 NMSA 1978.
History:
Laws 1984, ch. 127, § 545; 1989, ch. 42, § 13.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-14 - Workers' compensation policies to provide for deductible provision at option of insured.

Any workers' compensation insurance policy issued to cover a risk in this state shall include provisions giving the insured employer the option of choosing a deductible based upon the employer's financial ability to repay the insurer any amounts expended by the insurer on behalf of the employer.
The deductible may be an amount ranging from five hundred dollars ($500) to two thousand five hundred dollars ($2,500), in increments of five hundred dollars ($500), or the amount of five thousand dollars ($5,000) or ten thousand dollars ($10,000). In exercising his authority to approve the form of the policy to be issued, the superintendent of insurance shall not approve any policy form that permits, directly or indirectly, any part of the deductible to be charged to or passed on to the worker.
History:
Laws 1989, ch. 257, § 1; 1990 (2nd S.S.), ch. 2, § 106.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks › Section 59A-33-15 - Pool policyholder liability.

No policyholder in the assigned risk pool shall be liable for any deficit incurred by the pool for the calendar year 1991 unless that policyholder's policy is issued or renewed in 1991. A policyholder in the pool as of January 1, 1991, shall not, therefore, be liable for any deficit incurred by the pool for 1991 unless that policyholder's policy is renewed with the pool in calendar year 1991.
History:
Laws 1990 (2nd S.S.), ch. 2, § 107.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 34 - Domestic Stock and Mutual Insurers › Section 59A-34-1 - Scope of article.

This article [Chapter 59A, Article 34 NMSA 1978] applies as to domestic stock insurers and domestic mutual insurers as defined in Sections 71, 74, and 76 [59A-5-4, 59A-5-7, 59A-5-9 NMSA 1978] of the Insurance Code.
History:
Laws 1984, ch. 127, § 547.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
43 Am. Jur. 2d Insurance §§ 60 to 76.
44 C.J.S. Insurance § 104 et seq.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 34 - Domestic Stock and Mutual Insurers › Section 59A-34-2 - Application of general corporation statutes.

The applicable statutes of this state relating to the powers and procedures of domestic private corporations formed for profit shall also apply to domestic stock insurers and to domestic mutual insurers except where in conflict with the express provisions of the Insurance Code and the reasonable implications of such provisions.
History:
Laws 1984, ch. 127, § 548.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.