For the purposes of the Insurance Code:
A. an "annuity" is a contract under which obligation is assumed by the issuer to make periodic payments for a specific term or terms where the making or continuance of all or some such payments or the amount of any such payment is dependent upon continuance of human life, except payments made pursuant to optional modes of settlement under authority of Section 108 [59A-7-2 NMSA 1978] ("life" insurance defined) of the Insurance Code. Such a contract which includes extra benefits of the kinds set forth in Section 108 ("life" insurance defined) or Section 109 [59A-7-3 NMSA 1978] ("health" insurance defined) of the Insurance Code shall nevertheless be deemed to be an annuity if such extra benefits constitute a subsidiary or incidental part of the entire contract; and
B. "industrial life insurance" is that form of life insurance written under policies in face amount of two thousand five hundred dollars ($2,500) or less, and bearing the words "industrial policy" or "weekly premium policy" or words of similar import imprinted on the face thereof as part of descriptive matter, and under which premiums are payable monthly or more often.
History: Laws 1984, ch. 127, § 367.
Applicability of article. — Guaranteed investment contracts were not annuities entitled to coverage under the Life and Health Insurance Guaranty Law because they did not provide periodic payments dependent on the continuation of human life. Krahling v. First Trust Nat'l Ass'n, 1997-NMCA-082, 123 N.M. 685, 944 P.2d 914, cert. denied, 123 N.M. 446, 942 P.2d 189.
Structure New Mexico Statutes
Article 20 - Life Insurance and Annuity Contracts
Section 59A-20-1 - Scope of article.
Section 59A-20-2 - "Annuity", "industrial life insurance" defined.
Section 59A-20-3 - Standard provisions required.
Section 59A-20-4 - Grace period.
Section 59A-20-5 - Incontestability.
Section 59A-20-6 - Entire contract.
Section 59A-20-7 - Misstatement of age.
Section 59A-20-8 - Dividends, participating policies.
Section 59A-20-9 - Policy loans.
Section 59A-20-10 - Policy loan interest rates.
Section 59A-20-11 - Table of installments.
Section 59A-20-12 - Reinstatement.
Section 59A-20-14 - Payment of claims.
Section 59A-20-15 - Beneficiary, industrial policies.
Section 59A-20-16 - Incontestability; excluded or restricted coverage; after reinstatement.
Section 59A-20-17 - Standard provisions, annuity and pure endowment contracts.
Section 59A-20-18 - Annuities, grace period.
Section 59A-20-19 - Annuities, incontestability.
Section 59A-20-20 - Annuities, entire contract.
Section 59A-20-21 - Annuities, misstatement of age or sex.
Section 59A-20-22 - Annuities, dividends.
Section 59A-20-23 - Annuities, reinstatement.
Section 59A-20-24 - Standard provisions; reversionary annuities.
Section 59A-20-25 - Limitation of liability.
Section 59A-20-26 - Prohibited provisions.
Section 59A-20-27 - Provisions required by other jurisdictions.
Section 59A-20-28 - Special requirements as to participating policies.
Section 59A-20-29 - Prohibited policy plans.
Section 59A-20-30 - Variable contract law.
Section 59A-20-31 - Standard Nonforfeiture Law; life insurance.
Section 59A-20-33 - Standard nonforfeiture law; individual deferred annuities.