2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 16 - Trade Practices and Frauds › Section 59A-16-17 - Discrimination, rebates and certain inducements prohibited; other coverages.

A. No person subject to the superintendent's jurisdiction shall induce or attempt to induce another person to enter into or continue a contract of insurance by directly or indirectly offering to pay or accept any special favor or advantage, any rebate of premiums or any valuable consideration or promise whatsoever not specified in the insurance contract, except to the extent provided for in an applicable filing with the superintendent as provided by law or as allowed by this section.
B. No title insurer or title insurance producer shall:
(1) pay, directly or indirectly, to the insured or any person acting as agent, representative, attorney or employee of the owner, lessee, mortgagee, existing or prospective, of the real property, or interest therein, that is the subject matter of title insurance or as to which a service is to be performed any commission or part of its fee or charges or other consideration as inducement or compensation for the placing of any order for a title insurance policy or for performance of any escrow or other service by the insurer with respect thereto;
(2) issue any policy or perform any service in connection with which it or any insurance producer or other person has paid or contemplates paying any commission, rebate or inducement in violation of this section;
(3) give or receive, directly or indirectly, any consideration or thing of value for the referral of title insurance business or escrow or other service provided by a title insurer or title insurance producer unless otherwise permitted by regulation of the superintendent; or
(4) enter into a reinsurance agreement with an affiliate of a real estate developer, real estate agency, mortgage lender or referrer of title business without the prior written approval of the superintendent.
C. No insured named in a policy or any employee of such insured shall knowingly receive or accept, directly or indirectly, any rebate, discount, abatement, credit or reduction of premium, or any special favor or advantage or valuable consideration or inducement, except as allowed by this section.
D. No insurer or organization shall make or permit any unfair discrimination between insureds or property having like insuring or risk characteristics, in the premium or rates charged for insurance or coverage, or in the dividends or other benefits payable thereon or in any other of the terms and conditions of the insurance or coverage.
E. Nothing in this section shall be construed as prohibiting the payment of commissions or other compensation to licensed insurance producers or other representatives; or as prohibiting the extension of credit to an insured for the payment of any premium and for which credit a reasonable rate of interest is charged and collected; or as prohibiting any insurer or insurance producer from allowing or returning to its participating policyholders, members or subscribers, dividends, savings or unabsorbed premium deposits. As to title insurance, nothing in this section shall prohibit bulk rates or special rates for customers of prescribed classes if such bulk or special rates are provided for in the currently effective schedule of fees and charges of the title insurer as filed with the superintendent.
F. The provisions of this section shall not prohibit a property or casualty insurer, or any employee or representative thereof, or a property or casualty insurance producer or other representative thereof from providing to customers or prospective customers prizes and gifts, including goods, gift cards, gift certificates, charitable donations, raffle entries, meals, event tickets and other items not exceeding one hundred dollars ($100) in the aggregate in value per customer or prospective customer in any one calendar year.
G. A person subject to the superintendent's jurisdiction may offer or provide value-added products or services at no or reduced cost, even when such products or services are not specified in the insurance contract, if the product or service:
(1) relates to the insurance coverage;
(2) is offered at a cost that is reasonable in comparison to the insured's or prospective insured's premiums;
(3) has its availability based on documented objective evidence and offered in a manner that is not unfairly discriminatory; and
(4) is primarily designed to:
(a) provide loss mitigation or loss control;
(b) reduce claim costs or claim settlement costs;
(c) monitor or assess risk, identify sources of risk or develop strategies for eliminating or reducing risk;
(d) enhance health;
(e) enhance financial wellness through items such as education or financial planning services;
(f) provide post-loss services;
(g) incentivize behavioral changes to improve the health or reduce the risk of death or disability of an insured or prospective insured;
(h) assist in the administration of employee or retiree benefit insurance coverage; or
(i) provide education about liability risks or risk of loss to persons or property.
H. Prior to offering or providing a value-added product or service, a person shall notify the superintendent of the person's intent to offer or provide a value-added product or service.
History:
Laws 1984, ch. 127, § 283; 2009, ch. 80, § 1; 2016, ch. 89, § 59; 2019, ch. 32, § 1; 2021, ch. 108, § 11.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, clarified provisions related to the prohibition of inducements to enter into a contract of insurance, and provided an exception to the general prohibition of inducements; in the section heading, deleted "Unfair" preceding "discrimination", and after "rebates", added "and certain inducements"; in Subsection A, deleted "No property, casualty or title insurer, or nonprofit health care or prepaid dental plan or other insurance-type organization, or any employee or representative thereof, and no insurance producer or other representative shall pay, allow or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance or coverage, or after insurance or coverages has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified or provided for in the policy" and added "No person subject to the superintendent's jurisdiction shall induce or attempt to induce another person to enter into or continue a contract of insurance by directly or indirectly offering to pay or accept any special favor or advantage, any rebate of premiums or any valuable consideration or promise whatsoever not specified in the insurance contract"; and added Subsection G and H.
The 2019 amendment,
effective July 1, 2019, allowed property and casualty insurers to provide customers or prospective customers prizes and gifts not exceeding one hundred dollars ($100) in value in any one calendar year; in Subsection A, after "as provided by law", added "or as allowed by this section"; in Subsection C, after "consideration or inducement", added "except as allowed by this section"; and added Subsection F.
The 2016 amendment,
effective July 1, 2017, removed certain lines of insurance from the section's application, and replaced "agent", "broker" and "solicitor" with "insurance producer" throughout the section; in Subsection A, after "casualty", deleted "marine and transportation, surety, vehicle"; and deleted Subsection F.
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.
The 2009 amendment,
effective July 1, 2009, in Subsection B, in the first line, added "or title insurance agent"; added Paragraphs (3) and (4) of Subsection B; and in Subsection E, after "insurer", added "or agent".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
43 Am. Jur. 2d Insurance §§ 831, 832.
Insurance anti-rebate statutes: validity and construction, 90 A.L.R.4th 213.