Chapter 59A, Article 18 NMSA 1978 applies as to all insurance policies and annuity contracts of authorized insurers covering individuals resident, or risks located, or insurance protection to be rendered in this state, other than:
A. reinsurance;
B. policies or contracts not issued for delivery in this state nor delivered in this state, except for contracts for or endorsements of workers' compensation insurance when the workers' compensation risk insured arises from the employment of a worker performing work for an employer in New Mexico and that employer is not domiciled in New Mexico;
C. wet marine and transportation insurance; or
D. surplus lines insurance contracts, unless such contracts are specifically included by rule.
History: Laws 1984, ch. 127, § 331; 1988, ch. 119, § 3; 2011, ch. 127, § 14; 2021, ch. 108, § 13.
The 2021 amendment, effective July 1, 2021, removed a reference to a repealed section of law; and in Subsection C, after "transportation insurance", deleted "as defined in Section 59A-7-5 NMSA 1978".
The 2011 amendment, effective July 1, 2011, removed surplus lines insurance contracts specifically included by rule from the scope of the exception.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 320 to 353.
Insurer's duty, and effect of its failure, to provide insured or payee with copy of policy or other adequate documentation of its terms, 78 A.L.R.4th 9.
Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444.
Admissibility of polygraph or similar lie detector test results, or willingness to submit to test, on issues of coverage under insurance policy, or insurer's good-faith belief that claim was not covered, 7 A.L.R.5th 143.
44 C.J.S. Insurance § 298 et seq.
Structure New Mexico Statutes
Article 18 - The Insurance Contract
Section 59A-18-1 - Scope of article.
Section 59A-18-2 - "Policy" defined.
Section 59A-18-3 - "Premium" defined.
Section 59A-18-3.1 - Closed block of business.
Section 59A-18-3.2 - "Block of business" defined.
Section 59A-18-4 - Insurable interest; personal insurance.
Section 59A-18-6 - Insurable interest, property.
Section 59A-18-7 - Power to contract for insurance; purchase of insurance or annuity by minor.
Section 59A-18-8 - Consent of insured; life, health insurance.
Section 59A-18-9 - Alteration of application; life, health insurance.
Section 59A-18-10 - Application as evidence.
Section 59A-18-11 - Representation in application.
Section 59A-18-12 - Filing of forms and classifications; review of effect upon insured.
Section 59A-18-13 - Approval or disapproval of health insurance forms.
Section 59A-18-13.1 - Adjusted community rating.
Section 59A-18-13.2 - Health insurance; health care plan rates filing requirements.
Section 59A-18-13.3 - Health insurance filings; grounds and procedure for approval or disapproval.
Section 59A-18-13.4 - Repealed.
Section 59A-18-13.6 - Pooling of closed blocks of business.
Section 59A-18-14 - Grounds, procedure for disapproval.
Section 59A-18-16.1 - Group coverage discontinuance and replacement.
Section 59A-18-17 - Standard provisions, in general.
Section 59A-18-18 - Charter, bylaw provisions.
Section 59A-18-19 - Execution of policies.
Section 59A-18-20 - Underwriters' and combination policies.
Section 59A-18-21 - Validity, construction of noncomplying forms.
Section 59A-18-23 - Delivery of policy, motor vehicle vendors, mortgagees, pledgees.
Section 59A-18-24 - Insurance producers; whom they represent.
Section 59A-18-25 - Allowance for inflation.
Section 59A-18-26 - Payment discharges insurer.
Section 59A-18-27 - Forms of proof of loss to be furnished.
Section 59A-18-27.1 - Universal claim forms.
Section 59A-18-28 - Notice; waiver.
Section 59A-18-29 - Cancellation of certain policies.
Section 59A-18-30 - Disclosure of premium and claim data.
Section 59A-18-32 - Certificates of property or casualty insurance.