In an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, there shall be a provision that if the age or sex of the person or persons upon whose life or lives the contract is made, or of any of them, has been misstated, the amount payable or benefits accruing under the contract shall be such as the stipulated payment or payments to the insurer would have purchased according to the correct age or sex and that if the insurer makes or has made any overpayment or overpayments on account of any such misstatement, the amount thereof, with interest at the rate to be specified in the contract but not exceeding six percent per annum, may be charged against the current or next succeeding payment or payments to be made by the insurer under the contract.
History: Laws 1984, ch. 127, ยง 386.
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.