A. No insurer shall make or issue a contract or policy of insurance except in accordance with filings or rates that are lawfully in effect for the insurer as provided in the Insurance Rate Regulation Law.
B. Upon written application of the insured stating the underlying reasons that is filed with and approved by the superintendent, a rate in excess of or below that otherwise applicable may be used as to a specific risk.
History: Laws 1984, ch. 127, § 308; 2007, ch. 367, § 14.
The 2007 amendment, effective July 1, 2007, in Subsection A, eliminated the provision that this section shall not apply to workers' compensation insurance; and in Subsection B, permitted that rates below the applicable rates may be used for a specific risk.
Structure New Mexico Statutes
Article 17 - Insurance Rates and Rating
Section 59A-17-1 - Short title.
Section 59A-17-2 - Scope of article; exemptions.
Section 59A-17-3 - Purposes of article.
Section 59A-17-4 - Definitions.
Section 59A-17-5 - Administration of insurance rate regulatory law.
Section 59A-17-5.1 - Underwriting guidelines.
Section 59A-17-6 - Rate standards.
Section 59A-17-6.1 - Competitive market.
Section 59A-17-6.2 - Reverse competitive market.
Section 59A-17-7 - Rating methods.
Section 59A-17-7.1 - Motor vehicle liability; not-at-fault accidents.
Section 59A-17-8 - Making of rates; workers' compensation; rate calculations; rate classifications.
Section 59A-17-9 - Filing of rates.
Section 59A-17-11 - Filings open to inspection.
Section 59A-17-11.1 - Consumer information.
Section 59A-17-12 - Insurer must adhere to rates; consent to rate.
Section 59A-17-13 - Grounds and procedures for disapproval of rates.
Section 59A-17-13.1 - Discounts on homeowners' policies for burglary protections.
Section 59A-17-13.2 - Large commercial policyholders.
Section 59A-17-16 - Requirement for supporting information.
Section 59A-17-17 - Use of advisory organization filings.
Section 59A-17-18 - Advisory organizations; license required; obligation to provide service.
Section 59A-17-19 - Advisory organizations; licensing.
Section 59A-17-20 - Suspension, revocation of license.
Section 59A-17-21 - Conduct of advisory organization.
Section 59A-17-22.1 - Repealed.
Section 59A-17-23 - Advisory organizations; appeal by minority.
Section 59A-17-25 - Joint underwriting, joint reinsurance pool and residual market mechanisms.
Section 59A-17-26 - Binding agreements by insurers.
Section 59A-17-27 - Cooperative activities authorized.
Section 59A-17-28 - Recording, reporting of experience.
Section 59A-17-29 - Exchange of data, consultation authorized.
Section 59A-17-30 - Information to be furnished insureds; hearings and appeals of insureds.
Section 59A-17-31 - False or misleading information.
Section 59A-17-33 - Enforcement; cease and desist, injunctions; penalties.
Section 59A-17-35 - Appeals from superintendent.
Section 59A-17-36 - Rate filing; failure to submit data; penalty.