A. No foreign insurer which is owned or controlled in whole or substantial part by any government or governmental agency shall be authorized to transact insurance in New Mexico. Membership in a mutual insurer or subscribership in a reciprocal insurer, or ownership of stock in an insurer by the alien property custodian or similar officer of the United States or ownership of stock or other security without voting rights as to the insurer management, or supervision of an insurer by public authority, shall not be deemed to be an ownership or control of the insurer under this subsection.
B. The superintendent shall not grant or continue authority to transact insurance to any insurer or proposed insurer:
(1) of which any director, officer or other individual materially part of its management is found by him after investigation or upon reliable information to be incompetent, or dishonest, or untrustworthy, or of unfavorable business repute; or
(2) of which the managers are so lacking in insurer managerial experience in operations as existing or proposed in this state as to make such operations currently or prospectively hazardous to or contrary to the best interests of the insurance-buying or investing public of this state; or
(3) which he has reason to believe is affiliated directly or indirectly through ownership, control, management, reinsurance or other business relations with any person or persons of unfavorable business repute; or
(4) the business operations of whose director, officer, manager or controlling owner are or have been marked, to the injury of insurers, stockholders, policyholders, creditors or the public, by illegality, or by manipulation of assets, or of accounts, or of reinsurance, or by bad faith; or
(5) as to which the superintendent is not satisfied that its business policies and methods would be in the best interests of the people of New Mexico.
History: Laws 1984, ch. 127, ยง 80.
Structure New Mexico Statutes
Article 5 - Authorization of Insurers and General Requirements
Section 59A-5-1 - Definitions, in general.
Section 59A-5-2 - "Alien" insurer defined.
Section 59A-5-3 - "Charter" defined.
Section 59A-5-4 - "Domestic" insurer defined.
Section 59A-5-5 - "Foreign" insurer defined.
Section 59A-5-6 - "Lloyds" insurer defined.
Section 59A-5-7 - "Mutual" insurer defined.
Section 59A-5-8 - "Reciprocal" insurer defined.
Section 59A-5-9 - "Stock" insurer defined.
Section 59A-5-10 - Certificate of authority required; penalty.
Section 59A-5-11 - Exemptions from authority requirement.
Section 59A-5-11.1 - Exemption from authority requirement; provider service networks.
Section 59A-5-12 - General eligibility for certificate of authority.
Section 59A-5-13 - General eligibility for authority; ownership and management.
Section 59A-5-14 - Name of insurer.
Section 59A-5-15 - Insuring power combinations.
Section 59A-5-16 - Capital funds, deposits, required for certificate of authority.
Section 59A-5-17 - Insuring powers without added basic capital.
Section 59A-5-18 - General deposit.
Section 59A-5-19 - Special deposit or bond.
Section 59A-5-20 - General deposit of alien insurer.
Section 59A-5-21 - Application for certificate of authority.
Section 59A-5-22 - Issuance, refusal of authority; ownership of certificate.
Section 59A-5-23 - Continuance, expiration, reinstatement of certificate of authority.
Section 59A-5-24 - Suspension or revocation of certificate of authority; mandatory grounds.
Section 59A-5-25 - Impairment as grounds for suspension or revocation of certificate of authority.
Section 59A-5-27 - Duration of suspension; insurer's obligations during suspension; reinstatement.
Section 59A-5-28 - General corporation statutes inapplicable to foreign insurers.
Section 59A-5-29 - Annual statement.
Section 59A-5-29.1 - Quarterly reports.
Section 59A-5-30 - Penalties for late, false annual statements.
Section 59A-5-31 - Appointment of superintendent as process agent.