New Mexico Statutes

N.M. Stat. § 59A-15-1 (2026)

Purposes of article

✓ current as of May 2026
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The purpose of this article [Chapter 59A, Article 15 NMSA 1978] is to subject certain persons and insurers to the jurisdiction of the superintendent and the courts of this state in suits by or on behalf of the state and others. The legislature declares that it is concerned with the protection of residents of this state against acts by insurers not authorized to do an insurance business in this state, by the maintenance of fair and honest insurance markets, by protecting authorized insurers which are subject to regulation from unfair competition by unauthorized insurers, and by protecting against the evasion of the insurance regulatory laws of this state. In furtherance of such state interest, the legislature provides methods in this article for substituted service of process upon such insurers in any proceeding, suit or action in any court and substituted service of any notice, order, pleading or process upon such insurers in any proceeding by the superintendent to enforce or effect full compliance with the insurance laws of this state. In so doing, the state exercises its powers to protect residents of this state and to define what constitutes transacting an insurance business in this state, and also exercises powers and privileges available to this state by virtue of Public Law 79-15, (1945), 79th Congress of the United States, Chapter 20, 1st Sess., S. 340, 59 Stat. 33; 15 U.S.C. Secs. 1011 to 1015, inclusive, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states. History: Laws 1984, ch. 127, § 257.

ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 37 to 54.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1987–2023 · leading case: State Ex Rel. Stratton v. Gurley Motor Co., 737 P.2d 1180 (N.M. Ct. App. 1987).
State Ex Rel. Stratton v. Gurley Motor Co., 737 P.2d 1180 (N.M. Ct. App. 1987). “Sections 59A-15-1 to -13 of the 1984 enactment (Insurance Code) also govern unauthorized insurance practices, including representing or aiding unauthorized insurers.”
Gospel Light Mennonite Church Med. Aid Plan v. New Mexico Off. of the Superintendent of Ins. (D.N.M. 2023). · cites it 2× “NMSA 1978, § 59A-15-1 (1984). A later section adds, “The legislature finds that insurance fraud is pervasive and expensive, and has the potential for increasing premium rates, placing businesses at risk, reducing the ability of consumers to raise their standard of living and…”
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