A. Individuals, partnerships and corporations of this state may make application, enter into an agreement for and hold policies or contracts in or with and be a subscriber of any domestic, foreign or alien reciprocal insurer. Any corporation organized under the laws of this state prior to or after the effective date of the Insurance Code shall, in addition to the rights, powers, and franchises specified in its articles of incorporation, have full power and authority as a subscriber to exchange insurance contracts through such reciprocal insurer. The right to exchange such contracts is hereby declared to be incidental to the purposes for which such corporations are organized and to be as fully granted as the rights and powers expressly conferred upon such corporations.
B. Government or governmental agencies, a state or political subdivisions thereof, boards, associations, estates, trustees or fiduciaries are authorized to exchange nonassessable reciprocal interinsurance contracts with each other and with individuals, partnerships and corporations to the same extent that individuals, partnerships and corporations are authorized in this article to exchange reciprocal interinsurance contracts.
C. Any officer, representative, trustee, receiver or legal representative of any such subscriber shall be recognized as acting for or on its behalf for the purpose of such contract but shall not be personally liable upon such contract by reason of acting in such representative capacity.
History: Laws 1984, ch. 127, § 673.
Compiler's notes. — Laws 1984, ch. 127, § 999 made the Insurance Code effective January 1, 1985.
Structure New Mexico Statutes
Article 39 - Reciprocal Insurers
Section 59A-39-1 - "Reciprocal" insurance defined.
Section 59A-39-2 - Scope of chapter; existing insurers.
Section 59A-39-3 - Insuring powers of reciprocals.
Section 59A-39-4 - Name; suits.
Section 59A-39-6 - Organization of reciprocal insurer.
Section 59A-39-7 - Certificate of authority.
Section 59A-39-8 - Power of attorney.
Section 59A-39-9 - Modifications.
Section 59A-39-10 - Attorney's bond.
Section 59A-39-11 - Deposit in lieu of bond.
Section 59A-39-12 - Action on bond.
Section 59A-39-13 - Service of process; judgment.
Section 59A-39-14 - Contributions to insurer.
Section 59A-39-15 - Financial condition; method of determining.
Section 59A-39-16 - Who may be subscribers.
Section 59A-39-17 - Subscribers' advisory committee.
Section 59A-39-18 - Subscribers' liability.
Section 59A-39-19 - Subscribers' liability on judgment.
Section 59A-39-20 - Assessments.
Section 59A-39-21 - Time limit for assessments.
Section 59A-39-22 - Aggregate liability.
Section 59A-39-23 - Nonassessable policies.
Section 59A-39-24 - Subscribers' share in assets.