The purpose of this article [Chapter 59A, Article 15 NMSA 1978] is to subject certain persons and insurers to the jurisdiction of the superintendent and the courts of this state in suits by or on behalf of the state and others. The legislature declares that it is concerned with the protection of residents of this state against acts by insurers not authorized to do an insurance business in this state, by the maintenance of fair and honest insurance markets, by protecting authorized insurers which are subject to regulation from unfair competition by unauthorized insurers, and by protecting against the evasion of the insurance regulatory laws of this state. In furtherance of such state interest, the legislature provides methods in this article for substituted service of process upon such insurers in any proceeding, suit or action in any court and substituted service of any notice, order, pleading or process upon such insurers in any proceeding by the superintendent to enforce or effect full compliance with the insurance laws of this state. In so doing, the state exercises its powers to protect residents of this state and to define what constitutes transacting an insurance business in this state, and also exercises powers and privileges available to this state by virtue of Public Law 79-15, (1945), 79th Congress of the United States, Chapter 20, 1st Sess., S. 340, 59 Stat. 33; 15 U.S.C. Secs. 1011 to 1015, inclusive, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.
History: Laws 1984, ch. 127, § 257.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 37 to 54.
Structure New Mexico Statutes
Article 15 - Unauthorized Insurers
Section 59A-15-1 - Purposes of article.
Section 59A-15-2 - Representing or aiding unauthorized insurer prohibited.
Section 59A-15-3 - Inclusion of unauthorized insurer in coverage.
Section 59A-15-4 - Insurance independently procured; duty to report.
Section 59A-15-5 - Validity of contract not impaired; right of insurer as to court action.
Section 59A-15-6 - Superintendent is attorney of unauthorized insurer for service of process.
Section 59A-15-7 - Service of process on unauthorized insurer.
Section 59A-15-8 - Defense of action by unauthorized insurer; bond.
Section 59A-15-9 - Enforcement of foreign decrees.
Section 59A-15-10 - Penalty for violation.
Section 59A-15-11 - Unauthorized Insurers False Advertising Process Law; title.
Section 59A-15-12 - Notice to domiciliary supervisory official.
Section 59A-15-13 - Action by superintendent.
Section 59A-15-14 - Short title; Health Care Benefits Jurisdiction Act.
Section 59A-15-16 - Jurisdiction over health care benefits providers presumed.
Section 59A-15-17 - Demonstrating jurisdiction.
Section 59A-15-18 - Examination.
Section 59A-15-19 - Disclosure.
Section 59A-15-20 - Multiple-employer welfare arrangements; regulations.