2018 New Mexico Statutes
Chapter 59A - Insurance Code
Article 29 - Property Insurance Contracts; Fair Plan Act
Section 59A-29-7 - Immunity.
There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer, the association or its agents or employees, the governing committee or the superintendent or his representative for any action taken by them in the performance of their powers and duties under the FAIR Plan Act. The meetings, activities, recommendations and decisions of the governing committee of the association as required or permitted in that act shall not be open to public inspection, nor be considered public documents, nor be subject to Sections 10-15-1 through 10-15-4 NMSA 1978.
History: 1978 Comp., § 59A-29-7, enacted by Laws 1985, ch. 61, § 7.
Repeals. — Laws 1985, ch. 61, § 10 repealed former 59A-29-7 NMSA 1978, as enacted by Laws 1984, ch. 127, § 501, relating to appeals and judicial review, effective April 1, 1985. For present comparable provisions, see 59A-29-6 NMSA 1978.
Liability of servicing insurer. — An insurer who is a member of the New Mexico Property Insurance Program (NMPIP) is not immune from liability for actions taken in its role as a servicing insurer under contract with the NMPIP. Maes v. Audubon Indem. Ins. Group, 2007-NMSC-046, 142 N.M. 235, 164 P.3d 934.
Servicing insurer is not an agent. — A servicing insurer who is under contract with the New Mexico Property Insurance Program (NMPIP) to issue and service policies on risks referred to it by the NMPIP and who is subject to regulation by the NMPIP as a servicing agent, is not an agent of the NMPIP, and is not immune from liability for its actions as a servicing insurer. Maes v. Audubon Indem. Ins. Group, 2007-NMSC-046, 142 N.M. 235, 164 P.3d 934, rev'g 2006-NMCA-021, 139 N.M. 39, 127 P.3d 1126.
Immunity from bad faith actions. — Servicing insurer under FAIR Plan Act held immune from suit for bad faith insurance practices and pre- and post- judgment interest. Maes v. Audubon Indemnity Insurance Group, 2006-NMCA-021, 139 N.M. 39, 127 P.3d 1126, rev'd, 2007-NMSC-046, 142 N.M. 235, 164 P.3d 934.
