A. If within thirty (30) days following the giving of the notice provided for in Section 267 [59A-15-12 NMSA 1978] of the article the insurer has not ceased such dissemination, and if the superintendent has reason to believe that such insurer is soliciting, issuing or delivering contracts of insurance to residents of this state or collecting premiums on such contracts or performing any other transaction in connection with such insurance, and that a proceeding by him in respect to such matters would be to the interest of the public, he shall take action against such insurer under the provisions of Section 262 [59A-15-7 NMSA 1978] of the article (service of process on unauthorized insurer).
B. If upon such hearing the superintendent finds that the insurer has misrepresented as referred to in Section 267 of the article, he shall by order on such hearing require the insurer to cease and desist from such violation, and shall mail a copy of the order by registered or certified mail to the insurer at its principal place of business last of record with the superintendent, and to the insurance supervisory officer of the insurer's domiciliary state, country or province. Each violation thereafter of such desist order shall subject the insurer to a penalty of two thousand dollars ($2,000), to be recovered by a civil action brought against the insurer by the superintendent. Service of process upon the insurer in such action may be made upon the superintendent pursuant to Section 262 of this article or in any other lawful manner.
History: Laws 1984, ch. 127, ยง 268.
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.