A. Failure or refusal by any rejected risk to make full disclosure to the pool, servicing carrier or insurer writing a policy of information concerning the policyholder's true ownership, change of ownership, operations or payroll or any other failure to disclose fully any records pertaining to workers' compensation insurance, shall be sufficient grounds for the pool to terminate the insurance of the policyholder as one not in good faith.
B. Incurred experience shall be used in future ratings regardless of a change in ownership, control, management or operations, and leasing companies shall adopt the incurred experience of the insured, so that no employer shall evade the burdens imposed by an unfavorable or high-cost experience.
History: 1978 Comp., § 59A-33-9.1, enacted by Laws 1990 (2nd S.S.), ch. 2, § 102.
Structure New Mexico Statutes
Article 33 - Workers' Compensation Insurance Contracts and Assigned Risks
Section 59A-33-1 - Assigned risk pool, short title.
Section 59A-33-2 - Scope of article.
Section 59A-33-4 - Definitions.
Section 59A-33-5 - Organization of assigned risk pool.
Section 59A-33-5.1 - Operation of pool.
Section 59A-33-5.2 - Pool deficit review.
Section 59A-33-6 - Powers of the pool; duty of member companies; servicing carriers.
Section 59A-33-7 - Assignment of risks by the pool.
Section 59A-33-8 - Issuance of policy; annual report.
Section 59A-33-9 - Rules and regulations.
Section 59A-33-9.1 - Policyholders' duty to disclose; ratings experience.
Section 59A-33-10 - Authority of superintendent.
Section 59A-33-11 - Safety rules prescribed by the pool.
Section 59A-33-12 - Appeal to superintendent.