A. To be informed about any matter related to enforcement of provisions of the Insurance Code [Chapter 59A NMSA 1978], the superintendent may examine the affairs and condition of any advisory or joint underwriting organization, joint reinsurance pool or residual market mechanism. The superintendent shall examine every advisory organization and conduct the examinations at intervals established by rules promulgated by the superintendent.
B. In lieu of all or part of an examination, or in addition to an examination, the superintendent may order an independent audit by certified public accountants or actuarial evaluation by actuaries approved by the superintendent, or may accept the report of an audit already made by certified public accountants or actuarial evaluation by actuaries approved by the superintendent, or the report of an examination made by the insurance supervisory official of another state.
C. Conduct of the examination, examiners and other personnel used by the superintendent in making the examinations, payment of costs of the examination by the examinee, examination report and review and adoption and the examination in general shall be subject to the applicable provisions of Chapter 59A, Article 4 NMSA 1978.
History: Laws 1984, ch. 127, § 327; 2007, ch. 367, § 32.
The 2007 amendment, effective July 1, 2007, changed "rate service organizations" to "advisory organizations" and permitted the superintendent to examine joint reinsurance pools and residual market mechanisms.
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.