Whenever an insurer utilizes the services of an administrator under the terms of a written contract as required in Section 59A-12A-4 NMSA 1978, the payment to the administrator of any premiums or charges for insurance by or on behalf of the insured shall be deemed to have been received by the insurer, and the payment of return premiums or claims by the insurer to the administrator shall not be deemed payment to the insured or claimant until such payments are received by the insured or claimant. Nothing in this section limits any right of the insurer against the administrator resulting from its failure to make payments to the insurer, insured or claimants.
History: 1978 Comp., § 59A-12A-5, enacted by Laws 1989, ch. 374, § 5.
Structure New Mexico Statutes
Article 12A - Insurance Administrators
Section 59A-12A-1 - Scope of the article.
Section 59A-12A-2 - Definitions.
Section 59A-12A-3 - License required; penalty.
Section 59A-12A-4 - Written agreement necessary.
Section 59A-12A-5 - Payment to administrator.
Section 59A-12A-6 - Maintenance of information.
Section 59A-12A-7 - Approval of advertising.
Section 59A-12A-8 - Underwriting provision.
Section 59A-12A-9 - Premium collection.
Section 59A-12A-10 - Payment of claims.
Section 59A-12A-11 - Claim adjustment or settlement.
Section 59A-12A-12 - Notification required.
Section 59A-12A-13 - Business name.
Section 59A-12A-14 - Confidentiality.
Section 59A-12A-15 - Prohibited inducements.