New Mexico Statutes
Article 41 - Conservation, Rehabilitation and Liquidation
Section 59A-41-2 - Scope of article.

The provisions of Chapter 59A, Article 41 NMSA 1978 as applicable shall apply as to:
A. all insurers that are transacting or have transacted insurance in this state and against whom claims arising from that business may exist now or in the future;
B. all insurers that purport to do insurance business in this state;
C. all insurers having insureds resident in this state;
D. all persons in process of organization, or holding themselves out as organizing, or proposing to organize in this state for the purpose of becoming an insurer;
E. all nonprofit health care plans and fraternal benefit societies;
F. all title insurance companies;
G. all health maintenance organizations and prepaid dental or other prepaid health care delivery plans;
H. all Lloyds insurers, mandatory state pooling plans, mutual assessment companies, insurance exchanges, stipulated premium insurance companies, prearranged funeral plans, motor clubs, reciprocal insurers, surplus lines insurers, alien insurers or reinsurers with assets in trust or located in New Mexico, multiple employer welfare arrangements, risk retention groups, risk purchasing groups or surety companies; and
I. all other persons to whom such provisions may otherwise be made expressly applicable by law.
History: Laws 1984, ch. 127, § 693; 1991, ch. 125, § 29.
The 1991 amendment, effective April 3, 1991, substituted "Chapter 59A, Article 41 NMSA 1978" for "this article" in the introductory paragraph; rewrote Subsection A, which read "all insurers authorized to transact insurance in this state"; rewrote Subsection B, which read "all nonprofit health care plans, prepaid dental plans, motor clubs and similar organizations and plans authorized to transact business in this state; and for the purpose of such applicability all such plans, clubs and organizations may in this article be referred to as 'insurers' "; substituted "insureds" for "policyholders" in Subsection C; deleted former Subsection D, which read "all insurers against whom a claim under an insurance contract may arise in this state"; redesignated former Subsection E as Subsection D; added Subsections E to H; and redesignated former Subsection F as Subsection I.
Severability. — Laws 1991, ch. 125, § 30 provides for the severability of the act if any part or application thereof is held invalid.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 59A - Insurance Code

Article 41 - Conservation, Rehabilitation and Liquidation

Section 59A-41-1 - Short title.

Section 59A-41-2 - Scope of article.

Section 59A-41-3 - Definitions.

Section 59A-41-4 - "Ancillary state" defined.

Section 59A-41-5 - "Creditor" defined.

Section 59A-41-6 - "Delinquency proceeding" defined.

Section 59A-41-7 - "Domiciliary state" defined.

Section 59A-41-8 - "Foreign country" defined.

Section 59A-41-9 - "General assets" defined.

Section 59A-41-10 - "Impairment" defined.

Section 59A-41-11 - "Insolvency" defined.

Section 59A-41-12 - "Preferred claim" defined.

Section 59A-41-13 - "Receiver" defined.

Section 59A-41-14 - "Reciprocal state" defined.

Section 59A-41-15 - "Secured claim" defined.

Section 59A-41-16 - "Special deposit claim" defined.

Section 59A-41-17 - Uniform Insurers Liquidation Act; composition, severability and interpretation.

Section 59A-41-18 - Conduct of delinquency proceedings against domestic insurers.

Section 59A-41-19 - Conduct of delinquency proceedings against nondomestic insurers; domiciliary receiver may sue.

Section 59A-41-20 - Filing, proving claims of nonresidents against delinquent domestic insurers.

Section 59A-41-21 - Filing, proving claims of residents against delinquent insurers domiciled in reciprocal states.

Section 59A-41-22 - Priority of preferred claims, special deposit claims and secured claims.

Section 59A-41-23 - Attachment, garnishment of assets.

Section 59A-41-24 - Hazardous financial condition; determination.

Section 59A-41-25 - Requirements of insurer in hazardous financial condition.

Section 59A-41-26 - Hazardous financial condition; failure of insurer to comply with requirements.

Section 59A-41-27 - Deposit of foreign insurer during examination; impoundment of assets.

Section 59A-41-28 - Grounds for rehabilitation, liquidation of domestic insurer.

Section 59A-41-29 - Order of rehabilitation; termination.

Section 59A-41-30 - Order of liquidation of domestic insurer; rights, liabilities.

Section 59A-41-31 - Grounds for conservation of assets of foreign insurer.

Section 59A-41-32 - Order of conservation or ancillary liquidation of foreign or alien insurer.

Section 59A-41-33 - Grounds for dissolution of domestic insurer.

Section 59A-41-34 - Commencement of a delinquency proceeding.

Section 59A-41-35 - Change of venue.

Section 59A-41-36 - Right of guaranty association to participate in delinquency proceeding.

Section 59A-41-37 - Exemption from filing fees.

Section 59A-41-38 - Deposit of monies collected.

Section 59A-41-39 - Borrowing on pledge of assets.

Section 59A-41-40 - Sale, disposition of assets and compromise of certain claims.

Section 59A-41-41 - Time to file claims.

Section 59A-41-42 - Fraudulent transfers prior to petition.

Section 59A-41-43 - Fraudulent transfer after petition.

Section 59A-41-43.1 - Voidable preferences and liens.

Section 59A-41-43.2 - Liability for participation in fraudulent transfer or voidable preference.

Section 59A-41-43.3 - Claims of holders of void or voidable rights.

Section 59A-41-44 - Priorities in distribution.

Section 59A-41-45 - Offsets.

Section 59A-41-45.1 - Recovery from affiliates.

Section 59A-41-46 - Report for assessment; domestic mutual, reciprocal insurers.

Section 59A-41-47 - Levy of assessment; domestic mutual, reciprocal insurers.

Section 59A-41-48 - Order for payment of assessment; domestic mutual, reciprocal insurers.

Section 59A-41-49 - Assessment order, publication and transmittal.

Section 59A-41-50 - Judgment upon the assessment.

Section 59A-41-51 - Summary proceedings; superintendent's corrective orders authorized.

Section 59A-41-52 - Summary proceedings; appeal from superintendent's order.

Section 59A-41-53 - Summary proceedings; enforcement; penalty.

Section 59A-41-54 - Summary proceedings; seizure under court order.

Section 59A-41-55 - Summary proceedings; seizure under superintendent's order.

Section 59A-41-56 - Summary proceedings; conduct of administrative and judicial hearings.

Section 59A-41-57 - Summary proceedings; penalty for refusal to deliver property, records.