2006 New Mexico Statutes - Section 59A-33-6 — Powers of the pool; duty of member companies; servicing carriers.

59A-33-6. Powers of the pool; duty of member companies; servicing carriers.

A.     The pool shall provide workers' compensation insurance, pursuant to the terms of the Workers' Compensation  Assigned Risk Pool Law [Chapter 59A, Article 33 NMSA 1978], for any risk, under the laws of the state providing for workers' compensation, which risk in good faith has been tendered to and rejected by two or more insurers writing workers' compensation insurance. The pool may purchase reinsurance, either on a single occurrence or aggregate coverage basis.   

B.     In accordance with the bylaws of the pool, the board shall designate servicing carriers, that are willing to serve as such, the total number of which shall be determined by the board.  Contracts with and compensation of servicing carriers shall be subject to the superintendent's approval. Contracts shall be for a term determined by the board subject to the superintendent's approval.   

C.     Following the adoption by the pool and approval by the superintendent of rules and regulations of the pool as provided for in Section 59A-33-9 NMSA 1978, the procedures and remedies established under the Workers' Compensation Assigned Risk Pool Law shall be the sole and exclusive procedures and remedies of any applicant for workers' compensation insurance in this state whose application for such insurance has in good faith been rejected in writing by two or more insurers writing workers' compensation insurance.