2011 New Mexico Statutes
Chapter 59A: Insurance Code
Article 7: Kinds of Insurance; Limits of Risk; Reinsurance, 59A-7-1 through 59A-7-11
Section 59A-7-6: "Casualty" insurance defined.

59A-7-6. "Casualty" insurance defined.

A. "Casualty" insurance includes:

(1) health insurance, as defined in Section 109 [59A-7-3 NMSA 1978] of this article;

(2) Liability Insurance. Insurance against legal liability for the death, injury or disability of any human being, or for damage to property; and provision of medical, hospital, surgical, [or] disability benefits to injured persons and funeral and death benefits to dependents, beneficiaries of [or] personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to liability insurance. Liability insurance as a "casualty" coverage does not include insurance of vehicles as defined as "vehicle" insurance under Section 113 [59A-7-7 NMSA 1978] of this article;

(3) Workmen's Compensation and Employer's Liability. Insurance of the obligations accepted by, imposed upon or assumed by employers under law for death, disablement or injury of employees;

(4) Burglary and Theft. Insurance against loss or damage by larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation or wrongful conversion, disposal or concealment, or from any attempt at any of the foregoing, including supplemental coverage for medical, hospital, surgical and funeral expense incurred by the named insured or any other person as a result of bodily injury during the commission of a burglary, robbery or theft by another, and insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances or any other valuable papers and documents, resulting from any cause;

(5) Personal Property Floater. Insurance upon personal effects against loss or damage from any cause;

(6) Glass. Insurance against loss or damage to glass, including its lettering, ornamentation and fittings;

(7) Boiler and Machinery. Insurance against any liability and loss or damage to property or interest resulting from accidents to or explosions of boilers, pipes, pressure containers, machinery or apparatus, and to make inspection of and issue certificates of inspection upon boilers, machinery and apparatus of any kind, whether or not insured;

(8) Leakage and Fire-Extinguishing Equipment. Insurance against loss or damage to any property or interest caused by the breakage or leakage of sprinklers, hoses, pumps and other fire-extinguishing equipment or apparatus, water pipes or containers, or by water entering through leaks or openings in buildings, and insurance against loss or damage to such sprinklers, hoses, pumps and other fire-extinguishing equipment or apparatus;

(9) Credit and Mortgage Guaranty. Insurance against loss or damage resulting from failure of debtors to pay their obligations to the insured, and insurance of real property mortgage lenders against loss by reason of nonpayment of the mortgage indebtedness;

(10) Malpractice. Insurance against legal liability of the insured, and against loss, damage or expense incidental to a claim for such liability, and including medical, hospital, surgical and funeral benefits to injured persons irrespective of legal liability of the insured, arising out of the death, injury or disablement of any person, or arising out of damage to the economic interest of any person, as the result of negligence in rendering expert, fiduciary or professional service;

(11) Elevator. Insurance against loss of or damage to any property of the insured resulting from ownership, maintenance or use of elevators or escalators, except loss or damage by fire, and to make inspection of and issue certificates of inspection upon, elevators or escalators;

(12) Congenital Defects. Insurance against congenital defects in human beings;

(13) Livestock. Insurance against loss or damage to livestock, and services of veterinary for such animals;

(14) Entertainments. Insurance indemnifying the producer of any motion picture, television, radio, theatrical, sport, spectacle, entertainment or similar production, event or exhibition against loss from interruption, postponement or cancellation thereof due to death, accidental injury or sickness of performers, participants, directors or other principals;

(15) Mechanical Breakdown. Insurance of motor vehicles against mechanical failure or breakdown of engine parts, drive train or equipment;

(16) Failure to File Instrument. Insurance against loss resulting from failure to file certain instruments affecting title of or creating lien upon personal property;

(17) Kidnap. Insurance against kidnap and ransom of human beings;

(18) Miscellaneous. Insurance against any other kind of loss, damage or liability properly a subject of insurance and not within any other kind of insurance as defined in this article, if such insurance is not disapproved by the superintendent as being contrary to law or public policy.

B. Provision of medical, hospital, surgical and funeral benefits and of other insurance as stated under Subparagraphs (2) (liability), (4) (burglary), and (10) (malpractice), of Subsection A, above, shall for all purposes be deemed to be the same kind of insurance to which it is so incidental, and shall not be subject to provisions of the Insurance Code applicable to life and health insurance.