A. The rates of a motor vehicle liability insurer shall not provide for an increase in the premium if based upon an accident in which the insured is not at fault in any manner as determined by either the accident report or the insurer. If the insurer determines that its insured is at fault contrary to the specific finding of an accident report that the insured is not at fault, the insurer shall reach its conclusion only after an investigation.
B. A motor vehicle liability insurer shall not cancel, or use as a basis for nonrenewal, an insurance policy if such cancellation or nonrenewal is based upon an accident in which the insured is not at fault in any manner as determined by either the accident report or the insurer. If the insurer determines that its insured is at fault contrary to the specific finding of an accident report that the insured is not at fault, the insurer shall reach its conclusion only after an investigation.
C. As used in this section, "motor vehicle liability insurer" means an insurer authorized to transact in this state the business of automobile and motor vehicle bodily injury, property damage liability and physical damage insurance.
D. This section shall not apply if other factors exist, exclusive of the accident in which the insured is not at fault, that allow for a premium increase, cancellation or nonrenewal of an insurance policy under the Insurance Code or rules pursuant to the Insurance Code.
History: 1978 Comp., § 59A-17-7.1, enacted by Laws 1987, ch. 80, § 1; 2007, ch. 367, § 10.
The 2007 amendment, effective July 1, 2007, changed the title of this section and changed "regulations" to "rules".
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.