New Mexico Statutes

N.M. Stat. § 59A-20-2 (2026)

"Annuity", "industrial life insurance" defined

✓ laws through the 2025 session (retrieved May 2026)
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For the purposes of the Insurance Code:

A. an "annuity" is a contract under which obligation is assumed by the issuer to make periodic payments for a specific term or terms where the making or continuance of all or some such payments or the amount of any such payment is dependent upon continuance of human life, except payments made pursuant to optional modes of settlement under authority of Section 108 [59A-7-2 NMSA 1978] ("life" insurance defined) of the Insurance Code. Such a contract which includes extra benefits of the kinds set forth in Section 108 ("life" insurance defined) or Section 109 [59A-7-3 NMSA 1978] ("health" insurance defined) of the Insurance Code shall nevertheless be deemed to be an annuity if such extra benefits constitute a subsidiary or incidental part of the entire contract; and

B. "industrial life insurance" is that form of life insurance written under policies in face amount of two thousand five hundred dollars ($2,500) or less, and bearing the words "industrial policy" or "weekly premium policy" or words of similar import imprinted on the face thereof as part of descriptive matter, and under which premiums are payable monthly or more often.

History: Laws 1984, ch. 127, § 367.

ANNOTATIONS

Applicability of article. — Guaranteed investment contracts were not annuities entitled to coverage under the Life and Health Insurance Guaranty Law because they did not provide periodic payments dependent on the continuation of human life. Krahling v. First Trust Nat'l Ass'n, 1997-NMCA-082, 123 N.M. 685, 944 P.2d 914, cert. denied, 123 N.M. 446, 942 P.2d 189.

Notes of Decisions
Cited in 2 cases, 1997–2006 · leading case: Krahling v. First Trust Nat'l Ass'n, 1997-NMCA-082, 944 P.2d 914.
Krahling v. First Trust Nat'l Ass'n, 1997-NMCA-082, 944 P.2d 914. · cites it 9× “On summary judgment, the district court ruled that the GICs were not annuities within the definition of NMSA 1978, Section 59A-20-2 (Repl.Pamp.1995), and that the obligations were not owed to New Mexico residents.”
Espinosa v. United of Omaha Life Ins., 2006-NMCA-075, 137 P.3d 631. · cites it 2× “2004) (defining “annuity policy” as “[a]n insurance policy providing for .”
N.M. Stat. § 59A-20-2(A): 1 case
Krahling v. First Trust Nat'l Ass'n, 1997-NMCA-082, 944 P.2d 914. “On summary judgment, the district court ruled that the GICs were not annuities within the definition of NMSA 1978, Section 59A-20-2 (Repl.Pamp.1995), and that the obligations were not owed to New Mexico residents.”
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.