A. An insured whose claim is denied in whole or in part by the association may request the receivership court, or the ancillary receivership court in this state, to review the association's decision. The request for review shall be filed within thirty days after the date of denial. The receivership court and ancillary receivership court in this state shall have exclusive jurisdiction of all such claims. The decision of the court shall be binding on both the claimant and the association.
B. A member insurer may appeal to the superintendent from any action of the association's board of directors by filing a notice of appeal within thirty days after the date of the action appealed from.
C. A final order of the superintendent pursuant to Subsection B of this section is subject to judicial review by an action in the district court of Santa Fe county to set aside the order as unlawful or not supported by substantial evidence. If judicial review is not sought within thirty days after the date of the superintendent's order, the order shall be final and not subject to appeal.
History: Laws 1999, ch. 60, § 14.
Effective dates. — Laws 1999, ch. 60 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Article 30A - Title Insurance Guaranty
Section 59A-30A-1 - Short title.
Section 59A-30A-4 - Definitions.
Section 59A-30A-5 - Organization of association.
Section 59A-30A-6 - Board of directors.
Section 59A-30A-7 - Duties and powers of the association.
Section 59A-30A-8 - Plan of operation.
Section 59A-30A-9 - Duties and powers of superintendent.
Section 59A-30A-10 - Effect of paid claims.
Section 59A-30A-11 - Nonduplication of recovery.
Section 59A-30A-12 - Prevention of insolvencies.
Section 59A-30A-13 - Examination of association; financial reports.
Section 59A-30A-15 - Recognition of assessment in rates.
Section 59A-30A-16 - Immunity; confidentiality.
Section 59A-30A-17 - Stay of proceedings; reopening of default judgments.