New Mexico Statutes
Article 55 - Risk Retention and Purchasing Groups
Section 59A-55-20 - Restrictions on insurance purchased by purchasing groups.

A. A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of the state.
B. A purchasing group may purchase insurance for its members in this state or covering its members' risks resident or located in this state only from insurers admitted in this state, from insurers that are eligible surplus lines insurers in this state or from risk retention groups that have registered in this state.
C. A purchasing group which obtains liability insurance from an insurer not admitted in this state or a risk retention group shall inform each of the members of such group that have a risk resident or located in this state that such risk is not protected by an insurance insolvency guaranty fund in this state and that such risk retention group or such insurer may not be subject to all insurance laws and regulations of this state.
D. No purchasing group may purchase insurance providing for a deductible or self-insured retention unless the deductible or self-insured retention is the sole responsibility of each individual member of the purchasing group.
History: Laws 1988, ch. 125, § 20; 1999, ch. 289, § 40.
The 1999 amendment, effective June 18, 1999, added Subsection B and redesignated former Subsections B and C as Subsections C and D.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 59A - Insurance Code

Article 55 - Risk Retention and Purchasing Groups

Section 59A-55-1 - Short title.

Section 59A-55-2 - Purpose.

Section 59A-55-3 - Definitions.

Section 59A-55-4 - Risk retention groups authorized in New Mexico.

Section 59A-55-5 - Risk retention groups not having a New Mexico certificate of authority.

Section 59A-55-6 - Risk retention groups; reports.

Section 59A-55-7 - Compliance with unfair claims settlement practices.

Section 59A-55-8 - Deceptive, false or fraudulent practices.

Section 59A-55-9 - Examination regarding financial condition.

Section 59A-55-10 - Notice to purchasers.

Section 59A-55-11 - Prohibited acts regarding solicitation or sale.

Section 59A-55-12 - Prohibition on ownership by an insurance company.

Section 59A-55-13 - Prohibited coverage.

Section 59A-55-14 - Delinquency proceedings.

Section 59A-55-15 - Penalties.

Section 59A-55-16 - Operation prior to enactment of act.

Section 59A-55-17 - Compulsory associations.

Section 59A-55-18 - Purchasing groups' exemption from certain laws.

Section 59A-55-19 - Notice and registration requirements of purchasing groups.

Section 59A-55-20 - Restrictions on insurance purchased by purchasing groups.

Section 59A-55-21 - Repealed.

Section 59A-55-22 - Administrative and procedural authority regarding risk retention groups and purchasing groups.

Section 59A-55-23 - Penalties.

Section 59A-55-24 - Duty of insurance producers to obtain license.

Section 59A-55-25 - Binding effect of orders issued in United States district court.

Section 59A-55-26 - Rules and regulations.