Chapter 59A NMSA 1978 [except for 59A-30A-1 to 59A-30A-18 NMSA 1978, and
59A-42A-1 to 59A-42A-9 NMSA 1978] shall be known and may be cited as the New
Mexico Insurance Code and, in this chapter, may also be referred to as the "Insurance
Code".
History: 1978 Comp., § 59A-1-1, enacted by Laws 1993, ch. 320, § 1.
ANNOTATIONS
Repeals and reenactments. — Laws 1993, ch. 320, § 1 repealed former 59A-1-1
NMSA 1978, as enacted by Laws 1984, ch. 127, § 1, and enacted a new section,
effective June 18, 1993.
Compiler’s notes. — Laws 1984, ch. 127, § 994, provided that any laws of New
Mexico remaining in force after the effective date of the act (January 1, 1985) and which
refer to provisions repealed in Section 997 of the act (primarily provisions in Chapter 59
NMSA 1978 are repealed) shall be deemed to refer to those provisions of the act which
are substantially the same as the repealed provisions.
Laws 1984, ch. 127, § 996, provided that the various article numbers and titles, the
descriptive headings, subheadings and catchlines immediately preceding texts of or in
individual sections do not constitute part of the act and are included only for purpose of
convenient reference.
Laws 1993, ch. 320, § 1 repealed and reenacted this section, making all of the extant
provisions of Chapter 59A NMSA 1978 part of the Insurance Code. Subsequent
additions to Chapter 59A have also been additions to the Insurance Code, except for
59A-17A-1 to 59A-17A-10 NMSA 1978, as enacted by Laws 2005, Chapter 275, 59A-
30A-1 to 59A-30A-18 NMSA 1978 as enacted by Laws 1999, Chapter 60, and 59A-42A-
1 to 59A-42A-9 NMSA 1978 as enacted by Laws 1997, Chapter 107. Definitions in the
Insurance Code are not applicable to those sections excluded from the scope of the
code.
Law reviews. — For comment, "Survey of New Mexico Law: Insurance Law," see 15
N.M.L. Rev. 327 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Scope of provision in liability policy
issued to municipal corporation or similar governmental body limiting coverage to
injuries arising out of construction, maintenance or repair work, 30 A.L.R.5th 699.
Construction and application of pre-emption exemption, under Employee Retirement
Income Security Act (29 USCS § 1001 et seq.), for state laws regulating insurance,
banking, or securities (29 USCS § 1144(b)(2)), 87 A.L.R. Fed. 797.
Exemption or immunity from federal antitrust liability under McCarran-Ferguson Act (15
USCS §§ 1011-1013) and state action and Noerr-Pennington doctrines for business of
insurance and persons engaged in it, 116 A.L.R. Fed. 163.
Notes of Decisions
Guest v. Allstate Ins., 244 P.3d 342 (N.M. 2010).
· cites it 4× “To characterize as insurance every contract that contains an indemnity agreement of some sort would bring a multitude of everyday commercial contracts under the purview of the Insurance Code, NMSA 1978, §§ 59A-1-1 to 59A-59-4 (1984, as amended), and obligate the parties to…”
Guest v. Allstate Ins., 205 P.3d 844 (N.M. Ct. App. 2009).
· cites it 2× “{62} To the extent Guest argues her contract falls within the purview of the Insuranee Code, see NMSA 1978, §§ 59A-1-1 to 59A-59-4 (1993, as amended through 2007), we disagree.”
Quality Chiropractic, PC v. Farmers Ins., 51 P.3d 1172 (N.M. Ct. App. 2002).
· cites it 2× “{26} Finally, the state actively regulates insurance contracts, see NMSA 1978, §§ 59A-1-1 to 59A-58-18 (1984, as amended through 2001), and can address problems concerning the enforcement of subrogation rights through its regulatory power.”
Nakashima v. State Farm Mut. Auto. Ins., 153 P.3d 664 (N.M. Ct. App. 2007).
· cites it 2× “Defendant Not Liable for Breach of Contract Based on the Insurance Code {22} Plaintiff argues that even if the policy itself does not evidence a breach of contract by Defendant, the Insurance Code, interspersed throughout NMSA 1978, §§ 59A-1-1 to -59-4 (1984, as amended through…”
Durham v. Guest, 2007 NMCA 144 (N.M. Ct. App. 2007).
· cites it 2× “{11} We conclude that because an arbitration is an adversarial proceeding, an attorney who is representing a client in an arbitration is not liable for aiding and abetting a breach of the client’s fiduciary duty, unless the attorney acted outside the scope of representation,…”
Durham v. Guest, 171 P.3d 756 (N.M. Ct. App. 2007).
· cites it 2× “{11} We conclude that because an arbitration is an adversarial proceeding, an attorney who is representing a client in an arbitration is not liable for aiding and abetting a breach of the client's fiduciary duty, unless the attorney acted outside the scope of representation,…”
State Ex Rel. Stratton v. Gurley Motor Co., 737 P.2d 1180 (N.M. Ct. App. 1987).
“Following the filing of this action, the 1984 legislature enacted a comprehensive New Mexico Insurance Code, NMSA 1978, Sections 59A-1-1 to 59A-53-17, which repealed the former UIPA and replaced it with Trade Practices and Frauds, Sections 59A-16-1 to -30, effective January 1,…”
Willey v. United Mercantile Life Ins., 990 P.2d 211 (N.M. Ct. App. 1999).
· cites it 2× “The standard policy provisions set forth in Article 20 of the Insurance Code (Chapter 59A of the New Mexico Statutes Annotated, see NMSA 1978, § 59A-1-1 (1993) (chapter title)) do not apply to “any provision of a life insurance policy or contract supplemental thereto relating to…”
Smith v. Liberty Mut. Fire Ins. Co. (D.N.M. 2020).
· cites it 2× “Smith asserts 11 claims in his First Amended Complaint4: (I) breach of contract against Liberty5; (II) negligence against all defendants; (III) fraud and misrepresentation against all defendants; (IV) breach of the implied covenant of good faith and fair dealing against all…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.