N.M. Stat. » Chapter 59A — Insurance Code
New Mexico Statutes

N.M. Stat. § 59A-16-2 (2026)

Purpose of article

✓ current as of May 2026
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A purpose of this article is to regulate trade practices in the insurance business and related businesses in accordance in part with the intent of Congress as expressed in the Act of Congress approved March 9, 1945, being c. 20, 59 Stat. 33, also designated as 15 U.S.C. Secs. 1011 to 1015, inclusive, by defining, or providing for determination of, practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices so defined or determined.

History: Laws 1984, ch. 127, § 270.

Notes of Decisions
Cited in 16 cases (5 in the last 5 years), 1988–2026 · leading case: Hovet v. Allstate Ins., 89 P.3d 69 (N.M. 2004).
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Hovet v. Allstate Ins., 89 P.3d 69 (N.M. 2004). · cites it 4× “" Section 59A-16-2 (1984). The unfair claims practices section was patterned after the National Association of Insurance Commissioners' Model Act.”
Bhasker v. Kemper Cas. Ins. Co., 361 F. Supp. 3d 1045 (D.N.M. 2019). · cites it 2× “" N.M. Stat. Ann. § 59A-16-4. Section 59A-16-5 forbids "untrue, deceptive or misleading" advertisements that relate to insurance.”
Bhasker v. Kemper Cas. Ins. Co., 284 F. Supp. 3d 1191 (D.N.M. 2018). · cites it 2× “" N.M. Stat. Ann. § 59A-16-4. N.M. Stat. Ann.”
Sherrill v. Farmers Ins. Exch., 2016 NMCA 056 (N.M. Ct. App. 2016). · cites it 2× “The insurers’ statutory duty of good faith reflects principles and standards regarded by our Legislature and our courts as being of fundamental importance to the citizens of the state and promotes the general welfare.”
Coll v. First Am. Title Ins., 642 F.3d 876 (10th Cir. 2011). “” N.M. Stat. § 59A-16-2. Plaintiffs alleged that the Insurer Defendants violated the UIPA because they and their agents have engaged in unfair methods of competition and unfair or deceptive acts or practices, in violation of § 59A-[16]-3.”
Azar v. Prudential Ins. Co. of Am., 68 P.3d 909 (N.M. Ct. App. 2003). “at 649 (noting that the court need not discuss McCarran Act in view of its finding that case did not involve a consumer credit transaction and was not subject to TILA).”
Raja v. Ohio Sec. Ins. Co., 305 F. Supp. 3d 1206 (D.N.M. 2018). · cites it 2× “" N.M. Stat. Ann. § 59A-16-2. N.M. Stat. Ann.”
Martinez v. Cornejo, 208 P.3d 443 (N.M. Ct. App. 2008). “” § 59A-16-2. The TPFA specifies a number of activities that will constitute unfair trade and claims practices and provides a mechanism by which the superintendent of insurance can enforce the provisions of the TPFA.”
Russell v. Prot. Ins., 751 P.2d 693 (N.M. 1988). · cites it 4× “" NMSA 1978, § 59A-16-2. Section 5(I) of the prior act is equivalent to the present Section 59A-16-20.”
Coto (D.N.M. 2025). · cites it 4× “2011); see also NMSA 1978, § 59A-16-2 (1984). Insurance companies “have a duty to disclose material facts about the policies they sell under the UIPA.”
Mazel v. Las Cruces Abstract & Title Co. (Bankr. D.N.M. 2020). · cites it 2× “” NMSA § 59A-16-2. A person “who has suffered damages as a result of a violation of [the UIPA] by an insurer or agent” may recover actual damages.”
Graham v. Blue Cross Blue Shield of New Mexico (D.N.M. 2025). · cites it 2× “Graham directly); (IV) violation of the New Mexico Insurance Code, NMSA 1978, § 59A-16-4, by misrepresentation of benefits, advantages, conditions, or terms of the policy; (V) violation of the New Mexico Insurance Code, NMSA 1978, § 59A-16-2, by misrepresentation of facts, bad…”
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