2006 New Mexico Statutes - Section 59A-34-33 — Unauthorized business in other states.

59A-34-33. Unauthorized business in other states.

A.     No domestic insurer shall transact insurance in any other state without first being legally authorized to do so under the laws of such state.   

B.     Subsection A above shall not apply to:   

(1)     contracts entered into where the prospective insured when he signs the application for the insurance is personally present in a state in which the insurer is then authorized to transact the kind of insurance involved;   

(2)     issuance of certificates under a lawfully transacted group life or group health insurance policy where the master policy or contract was entered into in a state in which the insurer was then authorized to transact the insurance involved and in which the policyholder was then domiciled or otherwise had a bona fide situs; or   

(3)     renewal or continuance in force, with or without modification, of policies and insurance contracts otherwise lawful and not originally issued in violation of Subsection A above.   

C.     The superintendent may revoke the certificate of authority of an insurer which violates this section, and may require the insurer to pay to the state in which the business was so unlawfully written the premium taxes otherwise applicable as provided by the laws of such state.