reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 23H - Easy Enrollment › Section 59A-23H-3 - Easy enrollment program; establishment; purpose.

The "easy enrollment program" is established to, in accordance with the provisions of the Easy Enrollment Act:
A. facilitate identification of taxpayers and members of the taxpayers' households who are uninsured;
B. provide taxpayers with a method to consent to the taxation and revenue department's provision of insurance-relevant information to the department and the exchange for the purpose of assessing eligibility for health coverage programs;
C. provide for notification to taxpayers regarding their eligibility or eligibility of their household members for health coverage programs; and
D. facilitate enrollment in health coverage programs.
History:
Laws 2022, ch. 33, § 3.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 33 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
Applicability.
— Laws 2022, ch. 33, § 9 provided that the provisions of Laws 2022, ch. 33 apply to taxable years beginning on or after January 1, 2022.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 23H - Easy Enrollment › Section 59A-23H-4 - Taxation and revenue department duties; income tax form revision; taxpayer consent.

A. The state income tax form shall allow a taxpayer to:
(1) identify whether the taxpayer or members of the taxpayer's household are uninsured;
(2) provide the taxpayer's consent to provide to the department and the exchange:
(a) the taxpayer's insurance-relevant information; and
(b) information on any consent provided by the taxpayer pursuant to this subsection;
(3) provide the taxpayer's consent to enroll:
(a) the taxpayer in medicaid; or
(b) members of the taxpayer's household in medicaid if: 1) coverage by medicaid is available to those household members; and 2) the taxpayer has legal authority to consent to enroll those household members; and
(4) provide information on any consent provided by the taxpayer pursuant to this subsection.
B. The taxation and revenue department shall forward to the department:
(1) the taxpayer's insurance-relevant information if, on the taxpayer's state income tax form, the taxpayer elects to provide the taxpayer's insurance-relevant information to the department and the exchange pursuant to Subsection A of this section; and
(2) information on any consent by a taxpayer provided pursuant to this section if the taxpayer agrees to provide information on that consent to the department and the exchange in accordance with this section.
History:
Laws 2022, ch. 33, § 4.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 33 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
Applicability.
— Laws 2022, ch. 33, § 9 provided that the provisions of Laws 2022, ch. 33 apply to taxable years beginning on or after January 1, 2022.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 23H - Easy Enrollment › Section 59A-23H-5 - Human services department [health care authority department] duties.

A. Upon receipt of a taxpayer's insurance-relevant information from the taxation and revenue department, the department shall assess the taxpayer's eligibility or the eligibility of members of the taxpayer's household for health coverage programs. If the required insurance-relevant information is insufficient to assess the eligibility of the taxpayer or of the members of the taxpayer's household for those health coverage programs, the department may request additional information from the taxpayer.
B. If the department assesses that a taxpayer or a member of the taxpayer's household is eligible for medicaid, the department shall contact the taxpayer and provide the taxpayer with information on:
(1) health coverage programs available to the taxpayer or member of the taxpayer's household; and
(2) specific enrollment instructions and information on enrollment assistance.
C. If the information transferred to the department is sufficient to complete an eligibility determination and the taxpayer has consented to being enrolled in medicaid, the department may enroll the taxpayer in medicaid.
D. The department shall refer taxpayers or members of the taxpayer's household to the exchange if the department assesses that a taxpayer or a member of the taxpayer's household may be eligible for a qualified health plan available through the exchange pursuant to the New Mexico Health Insurance Exchange Act [Chapter 59A, Article 23F NMSA 1978]. The department may share insurance-relevant information provided by the taxation and revenue department with the exchange for the purpose of assisting a taxpayer with enrollment in a qualified health plan.
History:
Laws 2022, ch. 33, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Effective dates.
— Laws 2022, ch. 33 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
Applicability.
— Laws 2022, ch. 33, § 9 provided that the provisions of Laws 2022, ch. 33 apply to taxable years beginning on or after January 1, 2022.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24 - Health Insurance for Seniors (Repealed, Recompiled.) › Section 59A-24-1 to 59A-24-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 28, § 17 repealed 59A-24-1 to 59A-24-7 NMSA 1978, as enacted by Laws 1984, ch. 127, §§ 465 to 471, relating to health insurance for seniors, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24 - Health Insurance for Seniors (Repealed, Recompiled.) › Section 59A-24-8 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1990, ch. 110, § 8 recompiled former 59A-24-8 NMSA 1978, relating to medicare supplement policy provisions for individuals who are eligible for medical benefits under the medicaid program, as 59A-24A-15 NMSA 1978, effective May 16, 1990.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24A - Medicare Supplements › Section 59A-24A-1 - Short title.

Chapter 59A, Article 24A NMSA 1978 may be cited as the "Medicare Supplement Act".
History:
Laws 1989, ch. 28, § 1; 1992, ch. 3, § 1.
ANNOTATIONS
The 1992 amendment,
effective March 2, 1992, substituted "Chapter 59A, Article 24A NMSA 1978" for "Sections 1 through 15 of this act".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24A - Medicare Supplements › Section 59A-24A-2 - Applicability and scope.

A. Except as otherwise specifically provided, the Medicare Supplement Act shall apply to:
(1) all medicare supplement policies delivered or issued for delivery in this state on or after the effective date of that act;
(2) all certificates issued under group medicare supplement policies, which certificates have been delivered or issued for delivery in this state; and
(3) insurers issuing policies or certificates under Chapter 59A, Articles 44, 46 and 47 NMSA 1978.
B. The Medicare Supplement Act shall not apply to a master policy or contract of one or more employers or labor organizations or of the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees, or a combination thereof, or for members or former members, or a combination thereof, of the labor organizations.
C. The provisions of the Medicare Supplement Act are not intended to prohibit or apply to insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible persons, which policies are not marketed or held to be medicare supplement policies or benefit plans, except that policies designed to reimburse or pay as the result of hospitalization for hospital, medical and surgical expenses of persons eligible for medicare are subject to Sections 59A-24A-6 and 59A-24A-8 NMSA 1978.
History:
Laws 1989, ch. 28, § 2; 1992, ch. 3, § 2.
ANNOTATIONS
Compiler's notes.
— The phrase "effective date of that act" means July 1, 1989, the effective date of Laws 1989, ch. 28, which enacted the Medicare Supplement Act.
The 1992 amendment,
effective March 2, 1992, deleted references to subscriber contracts following "policies" in subsections A(1) to A(3); and, in Subsection C, inserted "or pay as the result of hospitalization", deleted "by age" following "medicare" near the end of the subsection and revised the statutory references at the end of the subsection.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24A - Medicare Supplements › Section 59A-24A-3 - Definitions.

As used in the Medicare Supplement Act:
A. "applicant" means:
(1) in the case of an individual medicare supplement policy, the person who seeks to contract for insurance benefits; and
(2) in the case of a group medicare supplement policy, the proposed certificate holder;
B. "certificate" means any certificate delivered or issued for delivery in this state under a group medicare supplement policy;
C. "certificate form" means the document on which a certificate is delivered or issued for delivery;
D. "issuer" means insurance companies, fraternal benefit societies, nonprofit health care plans, health maintenance organizations and any other entities that deliver or issue for delivery in this state medicare supplement policies or certificates;
E. "medicare" means the federal Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended;
F. "medicare supplement policy" means:
(1) a group policy as defined in Chapter 59A, Article 23 NMSA 1978;
(2) an individual policy as defined in Chapter 59A, Article 22 NMSA 1978; or
(3) a group or individual certificate issued pursuant to the Nonprofit Health Care Plan Law [Chapter 59A, Article 47 NMSA 1978] or the Health Maintenance Organization Act [Chapter 59A, Article 46 NMSA 1978] that is advertised, marketed or designed as a supplement to reimbursements under medicare for the hospital, medical or surgical expenses of persons eligible for medicare;
G. "policy form" means the document on which a policy is delivered or issued for delivery by the issuer; and
H. "superintendent" means the superintendent of insurance.
History:
Laws 1989, ch. 28, § 3; 1992, ch. 3, § 3.
ANNOTATIONS
The 1992 amendment,
effective March 2, 1992, deleted "or subscriber contract" following "policy" in Subsections A(1) and A(2), substituted all of the present language of Subsection B beginning with "delivered" for "issued under a group medicare supplement policy which certificate has been delivered or issued for delivery in this state", rewrote the provisions of Subsections C to E and redesignated them as present Subsections C to G, and redesignated former Subsection F as Subsection H.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24A - Medicare Supplements › Section 59A-24A-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 3, § 14 repealed 59A-24A-5 NMSA 1978, as amended by Laws 1990, ch. 110, § 5, relating to authority to promulgate regulations, effective March 2, 1992. For provisions of former section,
see
the 1991 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24A - Medicare Supplements › Section 59A-24A-6 - Loss ratio standards.

Medicare supplement policies and other policies designed to reimburse or pay as the result of hospitalization for the hospital, medical and surgical expenses of persons eligible for medicare shall return to policyholders benefits that are reasonable in relation to the premium charged. The superintendent shall issue reasonable regulations to establish minimum standards for loss ratios of medicare supplement policies and other policies designed to reimburse or pay as the result of hospitalization for the hospital, medical and surgical expenses of persons eligible for medicare on the basis of incurred claims experience, or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement basis, and earned premiums in accordance with accepted actuarial principles and practices.
History:
Laws 1989, ch. 28, § 6; 1990, ch. 110, § 6; 1992, ch. 3, § 5.
ANNOTATIONS
The 1992 amendment,
effective March 2, 1992, substituted "and" for "or" following "policies", inserted "or pay as the result of hospitalization", deleted "by reason of age" following "medicare" in the first and second sentences and deleted the former third and fourth sentences, relating to filing of rates and rating schedules.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24A - Medicare Supplements › Section 59A-24A-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 3, § 14 repealed 59A-24A-7 NMSA 1978, as enacted by Laws 1989, ch. 28, § 7, relating to filing requirements for out-of-state group policies, effective March 2, 1992. For provisions of former section,
see
the 1991 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24A - Medicare Supplements › Section 59A-24A-8 - Filing of health insurance for seniors; rates and forms.

A. The superintendent shall adopt regulations for the review and approval or disapproval of all rate filings or forms made pursuant to Chapter 59A, Articles 15, 18, 44, 46 and 47 NMSA 1978. During the initial review periods provided under Chapter 59A, Articles 15, 18, 44, 46 and 47 NMSA 1978, the superintendent may disapprove any form filed with him.
B. The superintendent may, in addition to any disapproval authority granted in Chapter 59A, Articles 15, 18, 44, 46 and 47 NMSA 1978, disapprove rate filings if the earned premium in the most recent calendar year is less than forty percent of the highest calendar year's earned premium for the form and, in the superintendent's judgment, those rates would result in a dropping of coverage that is not beneficial to the citizens of New Mexico. Alternately, the superintendent may:
(1) require that the experience be combined with the experience of any other form with similar benefits; or
(2) adjust the requested rate.
History:
Laws 1989, ch. 28, § 8; 1990, ch. 110, § 7; 1992, ch. 3, § 6.
ANNOTATIONS
The 1992 amendment,
effective March 2, 1992, in Subsection A, substituted "adopt regulations for the review and approval or disapproval of all rate filings" for "review and approve all filing of rates" in the first sentence and inserted "fifteen," in the first and second sentences; inserted "fifteen," near the beginning of the first sentence of the introductory paragraph in Subsection B; and deleted "of any other form" following "experience" near the beginning in Subsection B(1).
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24A - Medicare Supplements › Section 59A-24A-10 - Notice of free examination.

Medicare supplement policies and certificates shall have a notice printed prominently on the first page of the policy or certificate or attached to the policy stating that the applicant shall have the right to return the policy or certificate within thirty days of delivery and have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this section shall be paid in a timely manner directly to the applicant by the issuer.
History:
Laws 1989, ch. 28, § 10; 1992, ch. 3, § 8.
ANNOTATIONS
The 1992 amendment,
effective March 2, 1992, deleted "open contract" or "subscriber contract" following "policy" several times in the first sentence and substituted "issuer" for "insurer" in the second sentence.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24A - Medicare Supplements › Section 59A-24A-11 - Limitation of sales of medicare supplement policies and other policies designed to reimburse or pay as the result of hospitalization for hospital, medical or surgical expenses.

The superintendent may establish reasonable rules and regulations to restrict the sale of medicare supplement policies and other policies designed to reimburse or pay as the result of hospitalization for hospital, medical or surgical expenses that result in over-insurance to an insured.
History:
Laws 1989, ch. 28, § 11; 1992, ch. 3, § 9.
ANNOTATIONS
The 1992 amendment,
effective March 2, 1992, substituted the present section heading for "limitation of sales of medicare supplement policies", and substituted all of the present language of the section following "medicare supplement" for "policies that result in over-insurance to an insured".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24A - Medicare Supplements › Section 59A-24A-12 - Filing requirements for advertising.

A. Every issuer of medicare supplement insurance policies or certificates in this state shall provide a copy of any medicare supplement advertisement intended for use in this state, whether through written, radio or television medium, to the superintendent for review and approval. The advertisement shall comply with all applicable laws of this state.
B. Persons who market medicare supplement insurance policies or certificates in this state shall not advertise any policies or certificates unless:
(1) the issuer of the policy or certificate has provided the superintendent with a copy of the advertisement; and
(2) the superintendent has reviewed and approved the advertisement.
History:
Laws 1989, ch. 28, § 12; 1992, ch. 3, § 10.
ANNOTATIONS
The 1992 amendment,
effective March 2, 1992, designated the formerly undesignated provisions as Subsection A; rewrote the first sentence of Subsection A and deleted the former third sentence of that subsection, relating to authorization of superintendent to issue a cease and desist order; and added Subsection B.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24A - Medicare Supplements › Section 59A-24A-14 - Penalties.

In addition to any other applicable penalties for violations of the Insurance Code, the superintendent may impose penalties pursuant to the provisions of Section 59A-1-18 NMSA 1978, for a violation of the Medicare Supplement Act. The superintendent may require issuers violating any provision of the Medicare Supplement Act or regulations adopted pursuant to that act to cease marketing any medicare supplement policy or certificate in this state that is related directly or indirectly to a violation or may require the issuer to take actions that are necessary to comply with the provisions of that act, or both.
History:
Laws 1989, ch. 28, § 14; 1992, ch. 3, § 11.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
The 1992 amendment,
effective March 2, 1992, added all of the present language of the first sentence following "Code"; and, in the second sentence, substituted "issuers" for "insurers", deleted ", subscriber contract" following "policy", substituted "that is related" for "which is related", and substituted "the issuer" for "such issuer".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 24A - Medicare Supplements › Section 59A-24A-16 - Rules and regulations; procedures.

Rules and regulations adopted pursuant to the provisions of the Medicare Supplement Act shall be subject to the provisions of Section 59A-2-9 NMSA 1978.
History:
1978 Comp., § 59A-24A-16, enacted by Laws 1992, ch. 3, § 13.
ANNOTATIONS
Severability.
— Laws 1992, ch. 3, § 15 provides for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 25 - Credit Life and Credit Health Insurance › Section 59A-25-1 - Scope and short title.

A. All life insurance and all health insurance in connection with loans or other credit transactions shall be subject to the provisions of this article, except such insurance in connection with a loan or other credit transaction of more than ten (10) years' duration; nor shall insurance be subject to this article where issuance of the insurance is an isolated transaction on part of the insurer not related to an agreement or plan for insuring debtors of the creditor.
B. This article [Chapter 59A, Article 25 NMSA 1978] may be cited as the "Law for Regulation of Credit Life Insurance and Credit Health Insurance."
History:
Laws 1984, ch. 127, § 473.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Initiation and termination of coverage under group credit life or disability insurance, 5 A.L.R.3d 962.
Credit life insurer's punitive damage liability for refusing payment, 55 A.L.R.4th 246.
44 C.J.S. Insurance § 39 et seq.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 25 - Credit Life and Credit Health Insurance › Section 59A-25-2 - Purpose.

The purpose of this article is to promote the public welfare by regulating credit life insurance and credit health insurance. Nothing in this article is intended to prohibit or discourage reasonable competition. The provisions of this article shall be liberally construed.
History:
Laws 1984, ch. 127, § 472.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 25 - Credit Life and Credit Health Insurance › Section 59A-25-3 - Definitions.

For the purposes of this article:
A. "credit life insurance" means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction;
B. "credit accident and health insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy;
C. "creditor" means the lender of money or vendor or lessor of goods, services or property, rights or privileges for which payment is arranged through a credit transaction, or any successor to the right, title or interest of any such lender, vendor or lessor, and an affiliate, associate or subsidiary of any of them or any director, officer or employee of any of them or any other person in any way associated with any of them;
D. "credit transaction" includes loans, purchases and leases in which the debtor or his successor in interest become liable for the payment of the indebtedness in one or more payments to the creditor;
E. "debtor" means a borrower of money or a purchaser or lessee of goods, services, property, rights or privileges for which payment is arranged through a credit transaction; and
F. "indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction.
History:
Laws 1984, ch. 127, § 474.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 25 - Credit Life and Credit Health Insurance › Section 59A-25-4 - Forms of credit life, credit health insurances.

Credit life insurance and credit health insurance shall be issued only in the following forms:
A. individual policies of life insurance issued to debtors on the term plan;
B. individual policies of health insurance issued to debtors on a term plan or disability benefit provisions in individual policies of credit life insurance;
C. group policies of life insurance issued to creditors providing insurance upon the lives of debtors on the term plan; and
D. group policies of health insurance issued to creditors on a term plan insuring debtors or disability benefit provisions in group credit life insurance policies to provide such coverage.
History:
Laws 1984, ch. 127, § 475.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 25 - Credit Life and Credit Health Insurance › Section 59A-25-5 - Amount of insurance.

A. The initial amount of credit life insurance shall not exceed the total amount repayable under the contract of indebtedness and, where an indebtedness is repayable in substantially equal installments, the amount of insurance shall at no time exceed the scheduled or actual amount of unpaid indebtedness, whichever is greater.
B. Notwithstanding the provisions of Subsection A, above, insurance on agricultural credit transactions and other credit transactions not providing for amortization of the indebtedness and not exceeding two (2) years in duration may be written up to the amount of the loan commitment on a nondecreasing or level term plan.
C. Notwithstanding the provisions of Subsection A, above, or any other provision of this article, insurance on educational credit transaction commitments may be written for the amount of the portion of such commitment that has not already been advanced by the creditor.
D. The total amount of periodic indemnity payable by credit health insurance in event of disability, as defined in the policy, shall not exceed the aggregate of the periodic scheduled unpaid installments of the indebtedness, and the amount of each periodic indemnity payment shall not exceed the original indebtedness divided by the number of periodic installments.
History:
Laws 1984, ch. 127, § 476.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 25 - Credit Life and Credit Health Insurance › Section 59A-25-6 - Term of insurance.

The term of any credit life or credit health insurance shall, subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor, or the date when the debtor applies for such insurance, whichever is later, except that where a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to such indebtedness shall commence on the effective date of the policy. Where evidence of insurability is required and such evidence is furnished more than thirty (30) days after the date when the debtor becomes obligated to the creditor, the term of the insurance may commence on the date on which the insurer determines the evidence to be satisfactory, and in such event there shall be an appropriate refund or adjustment of any charge to the debtor for insurance. The term of such insurance shall not extend more than fifteen (15) days beyond the scheduled maturity date of the indebtedness except when extended without additional cost to the debtor. If the indebtedness is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness. In all cases of termination prior to scheduled maturity, a refund shall be paid or credited as provided in Section 480 [59A-25-9 NMSA 1978] of this article.
History:
Laws 1984, ch. 127, § 477.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 25 - Credit Life and Credit Health Insurance › Section 59A-25-9 - Premiums and refunds.

A. Any insurer may revise its schedules of premium rates from time to time and shall file such revised schedules with the superintendent. No insurer shall issue any credit life insurance policy or credit health insurance policy for which the premium rate exceeds that determined by the schedules of such insurer as then on file with the superintendent.
B. Each individual policy or group certificate shall provide that in the event of termination of the insurance prior to the scheduled maturity date of the indebtedness, any refund of an amount paid by the debtor for insurance shall be paid or credited promptly to the person entitled thereto; provided, however, that the superintendent shall prescribe a minimum refund and no refund which would be less than such minimum need be made. The formula to be used in computing such refund shall be filed with and approved by the superintendent.
C. If a creditor requires a debtor to make any payment for credit life insurance or credit health insurance and an individual policy or group certificate of insurance is not issued, the creditor shall immediately give written notice to such debtor and shall promptly make an appropriate credit to the account.
D. The amount charged to a debtor for any credit life or credit health insurance shall not exceed the premiums charged by the insurer, as computed at the time the charge to the debtor is determined.
E. Nothing in this article shall be construed to authorize any payments for insurance now prohibited under any statute, or rule thereunder, governing credit transaction.
History:
Laws 1984, ch. 127, § 480.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 25 - Credit Life and Credit Health Insurance › Section 59A-25-10 - Authorized insurer, licensed agent required.

A credit life or credit health insurance policy shall be delivered or issued for delivery in this state only by an insurer holding a certificate of authority to transact such insurance in this state, and shall be issued only through a duly appointed and licensed agent of the insurer in this state.
History:
Laws 1984, ch. 127, § 481.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 25 - Credit Life and Credit Health Insurance › Section 59A-25-11 - Claims administration.

A. All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract.
B. All claims shall be paid either by draft drawn upon the insurer or by check of the insurer to the order of the claimant to whom payment of the claim is due pursuant to the policy provisions, or upon direction of such claimant to one specified.
C. No plan or arrangement shall be used whereby any person other than the insurer or its designated claim representative shall be authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurer in adjusting claims; provided, that a group policyholder may, by arrangement with the insurer, draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurer.
History:
Laws 1984, ch. 127, § 482.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 25 - Credit Life and Credit Health Insurance › Section 59A-25-12 - Existing insurance; choice of insurer.

When credit life or credit health insurance is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by him or of procuring and furnishing the required coverage through any insurer authorized to transact such an insurance business in this state. The creditor shall timely inform the debtor in writing of the debtor's rights under this section, in form prescribed or approved by the superintendent.
History:
Laws 1984, ch. 127, § 483.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 25 - Credit Life and Credit Health Insurance › Section 59A-25-13 - Director of financial institutions division to report violations.

The director of the financial institutions division of this state, in connection with his examination of lending institutions under his supervision, regulation or control, shall investigate and examine the procedures and policies of such lending agencies regarding issue and sale of insurance in connection with loans, and to report immediately to the superintendent any questionable procedures or violations of this article by any such lending agency.
History:
Laws 1984, ch. 127, § 484.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 25 - Credit Life and Credit Health Insurance › Section 59A-25-14 - Penalties.

In addition to any other penalty provided by law, any person violating the superintendent's order under this article after the order has become final and while the order is in effect, shall upon conviction thereof forfeit and pay to the state of New Mexico not to exceed five hundred dollars ($500), except that if the violation is found to be wilful the penalty shall be in [a] sum not over two thousand dollars ($2,000).
History:
Laws 1984, ch. 127, § 485.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 26 - Casualty Insurance Contracts › Section 59A-26-1 - Scope of article.

This article [Chapter 59A, Article 26 NMSA 1978] applies as to certain contracts of casualty insurance, as identified in the respective sections of this article, other than mortgage guaranty insurance contracts, motor vehicle insurance contracts and employer's liability or workmen's compensation insurance contracts, which such excepted contracts are respectively covered under a separate subsequent article of the Insurance Code. All such casualty contracts shall also be subject to applicable provisions of Article 18 [Chapter 59A, Article 18 NMSA 1978] (the insurance contract) of the Insurance Code.
History:
Laws 1984, ch. 127, § 486.
ANNOTATIONS
Cross references.
— For mortgage guaranty insurance contracts,
see
Chapter 59A, Article 28 NMSA 1978.
For motor vehicle insurance contracts,
see
Chapter 59A, Article 32 NMSA 1978.
For workers' compensation insurance contracts,
see
Chapter 59A, Article 33 NMSA 1978.
For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability insurance: intoxication or other mental incapacity avoiding application of clause in liability policy specifically exempting coverage of injury or damage caused intentionally by or at direction of insured, 33 A.L.R.4th 983.
Acts in self-defense as within provision of liability insurance policy expressly excluding coverage for damage or injury intended or expected by insured, 34 A.L.R.4th 761.
Duty of mortgagee of real property with respect to obtaining or maintenance of fire or other casualty insurance protecting mortgagor, 42 A.L.R.4th 188.
Self-insurance against liability as other insurance within meaning of liability insurance policy, 46 A.L.R.4th 707.
Livestock or animal insurance: risks and losses, 47 A.L.R.4th 772.
Liability insurance: when is vehicle in "dead storage," 48 A.L.R.4th 591.
Aviation insurance: causal link between breach of policy provisions and accident as requisite to avoid insurer's liability, 48 A.L.R.4th 778.
What constitutes single accident or occurrence within liability policy limiting insurer's liability to a specified amount per accident or occurrence, 64 A.L.R.4th 668.
Theft and vandalism insurance: coinsured's misconduct as barring innocent coinsured's right to recover on policy, 64 A.L.R.4th 714.
Construction and effect of "rain insurance" policies insuring against rainfall on the date of concert, exhibition, game, or the like, 70 A.L.R.4th 1010.
Liability of tortfeasor's insurance agent or broker to injured party for failure to procure or maintain liability insurance, 72 A.L.R.4th 1095.
Loss of information stored in computer system or on computer disk cartridge, computer tape, or similar computer storage media as within coverage of liability policy, 85 A.L.R.4th 1102.
Fire insurance: failure to disclose prior fires affecting insured's property as ground for avoidance of policy, 4 A.L.R.5th 117.
Liability of insurance agent or broker on ground of inadequacy of liability-insurance coverage procured, 60 A.L.R.5th 165.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 27 - Marine and Transportation Insurance Contracts › Section 59A-27-1 - Scope of article.

This article [Chapter 59A, Article 27 NMSA 1978] applies only as to contracts of marine and transportation insurance, as such insurance is defined in Section 111 [59A-7-5 NMSA 1978][repealed] of the Insurance Code. All such insurance contracts shall be subject to the provisions, as applicable, of Article 18 [Chapter 59A, Article 18 NMSA 1978] (the insurance contract) of the Insurance Code.
History:
Laws 1984, ch. 127, § 487.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2016, ch. 89, § 70 repealed 59A-7-5 NMSA 1978, effective July 1, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Loss allegedly resulting from smuggling activities as within marine insurance policy covering barratry, 77 A.L.R. Fed. 743.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 28 - Mortgage Guaranty Insurance Contracts › Section 59A-28-1 - Scope of article.

This article [Chapter 59A, Article 28 NMSA 1978] shall apply only with respect to contracts of mortgage guaranty insurance as defined in Section 112 [59A-7-6 NMSA 1978] of the Insurance Code. Such contracts are also subject to the applicable provisions of Article 18 [Chapter 59A, Article 18 NMSA 1978] (the insurance contract) of the Insurance Code.
History:
Laws 1984, ch. 127, § 488.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 29 - Property Insurance Contracts; Fair Plan Act › Section 59A-29-1 - Short title.

This article [Chapter 59A, Article 29 NMSA 1978] may be cited as the "FAIR Plan Act" (fair access to insurance requirements).
History:
1978 Comp., § 59A-29-1, enacted by Laws 1985, ch. 61, § 1.
ANNOTATIONS
Repeals.
— Laws 1985, ch. 61, § 10 repealed former 59A-29-1 NMSA 1978, as enacted by Laws 1984, ch. 127, § 496, relating to the short title of the "FAIR Plan Law", effective April 1, 1985.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 29 - Property Insurance Contracts; Fair Plan Act › Section 59A-29-2 - Organization of FAIR plan and underwriting association.

All insurers licensed to write and writing essential property insurance, as defined by the superintendent of insurance, in New Mexico on a direct basis are authorized, subject to approval and regulation by the superintendent of insurance, to establish and maintain a FAIR plan and to establish and maintain an underwriting association and to formulate and from time to time amend the plan and articles of association and rules and regulations in connection therewith and to assess and share on a fair and equitable basis all expenses, income and losses incident to such FAIR plan and underwriting association in a manner consistent with the provisions of the FAIR Plan Act. Such underwriting association shall be known as the "New Mexico Property Insurance Program."
History:
1978 Comp., § 59A-29-2, enacted by Laws 1985, ch. 61, § 2.
ANNOTATIONS
Repeals.
— Laws 1985, ch. 61, § 10 repealed former 59A-29-2 NMSA 1978, as enacted by Laws 1984, ch. 127, § 489, relating to the scope of the article, effective April 1, 1985.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 29 - Property Insurance Contracts; Fair Plan Act › Section 59A-29-3 - Participation.

Each insurer authorized to write and writing essential property insurance in New Mexico shall be required to become and remain a member of the FAIR plan and the underwriting association and comply with the requirements thereof as a condition of its authority to transact property insurance business. As a prerequisite to such authority to transact property insurance business each insurer shall automatically subscribe to the articles of agreement on file in the superintendent's office.
History:
1978 Comp., § 59A-29-3, enacted by Laws 1985, ch. 61, § 3.
ANNOTATIONS
Repeals.
— Laws 1985, ch. 61, § 10 repealed former 59A-29-3 NMSA 1978, as enacted by Laws 1984, ch. 127, § 497, relating to the organization of FAIR plan and underwriting association, effective April 1, 1985. For present comparable provisions,
see
59A-29-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 29 - Property Insurance Contracts; Fair Plan Act › Section 59A-29-4 - Requirements of plan and authority of association.

The FAIR plan and articles of association shall make provision for an underwriting association having authority on behalf of its members to cause to be issued property insurance policies, to reinsure in whole or in part any such policies and to cede any such reinsurance. The plan and articles of association shall provide, among other things, for the perils to be covered, geographical area of coverage, compensation and commission, assessments of members, the sharing of expenses, income and losses on an equitable basis, cumulative weighted voting for the governing committee of the association, the administration of the plan and association and any other matter necessary or convenient for the purpose of assuring fair access to insurance requirements.
History:
1978 Comp., § 59A-29-4, enacted by Laws 1985, ch. 61, § 4.
ANNOTATIONS
Repeals.
— Laws 1985, ch. 61, § 10 repealed former 59A-29-4 NMSA 1978, as enacted by Laws 1984, ch. 127, § 498, relating to participation in a FAIR plan, effective April 1, 1985. For present comparable provisions,
see
59A-29-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 29 - Property Insurance Contracts; Fair Plan Act › Section 59A-29-5 - Changes in plan or articles.

The governing committee of the New Mexico property insurance program may, on its own initiative or at the request of the superintendent of insurance, amend the plan and articles, subject to approval by the superintendent.
History:
1978 Comp., § 59A-29-5, enacted by Laws 1985, ch. 61, § 5.
ANNOTATIONS
Repeals.
— Laws 1985, ch. 61, § 10 repealed former 59A-29-5 NMSA 1978, as enacted by Laws 1984, ch. 127, § 499, relating to requirements of the term and authority of the underwriting association, effective April 1, 1985. For present comparable provisions,
see
59A-29-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 29 - Property Insurance Contracts; Fair Plan Act › Section 59A-29-6 - Appeals; judicial review.

A. A person aggrieved by an action or decision of the administrators of the FAIR plan or the underwriting association or of any insurer as a result of its participation may appeal to the superintendent within thirty days from the date of the action or the decision. The superintendent shall, after hearing held upon thirty days' written notice, issue an order approving the action or decision or disapproving the action or decision with respect to the matter that is the subject of appeal.
B. All final orders and decisions of the superintendent shall be subject to judicial review in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1978 Comp., § 59A-29-6, enacted by Laws 1985, ch. 61, § 6; 1998, ch. 55, § 64; 1999, ch. 265, § 68.
ANNOTATIONS
Repeals.
— Laws 1985, ch. 61, § 10 repealed former 59A-29-6 NMSA 1978, as enacted by Laws 1984, ch. 127, § 500, relating to changes in the plan or articles effective April 1, 1985. For present comparable provisions,
see
59A-29-5 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B.
The 1998 amendment,
effective September 1, 1998, added the Subsection designations; in Subsection A, deleted "therein" following "participation", deleted "of insurance" following "superintendent" twice; and in Subsection B, deleted "of insurance" following "superintendent", substituted "in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978" for "de novo"; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 29 - Property Insurance Contracts; Fair Plan Act › Section 59A-29-7 - Immunity.

There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer, the association or its agents or employees, the governing committee or the superintendent or his representative for any action taken by them in the performance of their powers and duties under the FAIR Plan Act. The meetings, activities, recommendations and decisions of the governing committee of the association as required or permitted in that act shall not be open to public inspection, nor be considered public documents, nor be subject to Sections 10-15-1 through 10-15-4 NMSA 1978.
History:
1978 Comp., § 59A-29-7, enacted by Laws 1985, ch. 61, § 7.
ANNOTATIONS
Repeals.
— Laws 1985, ch. 61, § 10 repealed former 59A-29-7 NMSA 1978, as enacted by Laws 1984, ch. 127, § 501, relating to appeals and judicial review, effective April 1, 1985. For present comparable provisions,
see
59A-29-6 NMSA 1978.
Liability of servicing insurer.
— An insurer who is a member of the New Mexico Property Insurance Program (NMPIP) is not immune from liability for actions taken in its role as a servicing insurer under contract with the NMPIP.
Maes v. Audubon Indem. Ins. Group
, 2007-NMSC-046, 142 N.M. 235, 164 P.3d 934.
Servicing insurer is not an agent.
— A servicing insurer who is under contract with the New Mexico Property Insurance Program (NMPIP) to issue and service policies on risks referred to it by the NMPIP and who is subject to regulation by the NMPIP as a servicing agent, is not an agent of the NMPIP, and is not immune from liability for its actions as a servicing insurer.
Maes v. Audubon Indem. Ins. Group
, 2007-NMSC-046, 142 N.M. 235, 164 P.3d 934,
rev'g
2006-NMCA-021, 139 N.M. 39, 127 P.3d 1126.
Immunity from bad faith actions.
— Servicing insurer under FAIR Plan Act held immune from suit for bad faith insurance practices and pre- and post- judgment interest.
Maes v. Audubon Indemnity Insurance Group
, 2006-NMCA-021, 139 N.M. 39, 127 P.3d 1126,
rev'd
, 2007-NMSC-046, 142 N.M. 235, 164 P.3d 934.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 29 - Property Insurance Contracts; Fair Plan Act › Section 59A-29-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 115, § 1 repealed 59A-29-8 NMSA 1978, as enacted by Laws 1985, ch. 61, § 8, providing a termination date for the FAIR Plan Act but providing an exception for outstanding obligations, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 29 - Property Insurance Contracts; Fair Plan Act › Section 59A-29-9 - Retroactive application.

The FAIR Plan Act shall be effective and shall apply retroactively to April 30, 1981, to validate action taken under the New Mexico interim uniform basic property insurance and placement program promulgated by the superintendent of insurance.
History:
1978 Comp., § 59A-29-9, enacted by Laws 1985, ch. 61, § 9.
ANNOTATIONS
Repeals.
— Laws 1985, ch. 61, § 10 repealed former 59A-29-9 NMSA 1978, as enacted by Laws 1984, ch. 127, § 503, relating to riot reinsurance reimbursement fund, effective April 1, 1985.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 29 - Property Insurance Contracts; Fair Plan Act › Section 59A-29-10 to 59A-29-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 61, § 10 repealed 59A-29-10 to 59A-29-12 NMSA 1978, as enacted by Laws 1984, ch. 127, §§ 504 to 506, relating to assessment and recoupment upon and from insurers and the expiration and application of the FAIR Plan Law, effective April 1, 1985.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 30 - Title Insurance › Section 59A-30-1 - Short title.

Chapter 59A, Article 30 NMSA 1978 may be cited as the "New Mexico Title Insurance Law".
History:
1978 Comp., § 59A-30-1, enacted by Laws 1985, ch. 28, § 1; 2009, ch. 80, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1985, ch. 28, § 1, repealed 59A-30-1 NMSA 1978, as enacted by Laws 1984, ch. 127, § 507, and enacted a new section.
The 2009 amendment,
effective July 1, 2009, changed the statutory reference to the Chapter and Article of NMSA 1978.
Escrow accounts.
— A title insurance company acting as escrow agent cannot retain for its own benefit interest paid by a financial institution on escrow accounts without express permission from the customer or written contract allowing this payment of interest as compensation. 1987 Op. Att'y Gen. No. 87-30.
The acceptance of other in-kind services and consideration in lieu of interest on escrow accounts is in violation of the fiduciary duties of the title insurance company, agent, broker, or solicitor to the principal. 1987 Op. Att'y Gen. No. 87-30.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Title insurance company's rights in title information, 38 A.L.R.4th 968.