2018 New Mexico Statutes
Chapter 59A - Insurance Code
Article 7 - Kinds of Insurance; Limits of Risk; Reinsurance
Section 59A-7-6 - Casualty.

A. Casualty includes:

(1) aircraft liability;

(2) auto commercial liability;

(3) auto private passenger liability;

(4) auto warranty contract;

(5) boiler and machinery;

(6) burglary and theft;

(7) collateral protection;

(8) commercial excess/umbrella liability;

(9) commercial general liability;

(10) congenital defects;

(11) contractual liability;

(12) credit;

(13) credit property;

(14) creditor-placed dual/single interest;

(15) crime;

(16) directors and officers liability;

(17) employers liability;

(18) elevator;

(19) entertainment;

(20) errors and omissions;

(21) failure to file instrument;

(22) farm and ranch liability;

(23) fidelity bonds;

(24) fidelity insurance;

(25) financial guaranty;

(26) gap;

(27) garage liability;

(28) glass;

(29) involuntary unemployment;

(30) kidnap and ransom;

(31) leakage and fire-extinguishing equipment;

(32) legal liability;

(33) liquor liability;

(34) livestock;

(35) mechanical breakdown;

(36) medical malpractice;

(37) mobile homes under transport;

(38) money and securities;

(39) motor club service contracts;

(40) mortgage guaranty;

(41) personal excess/umbrella liability;

(42) personal effects;

(43) personal liability;

(44) personal property floater;

(45) pollution liability;

(46) premises and operations;

(47) product liability;

(48) products and completed operations;

(49) professional liability;

(50) owners and contractors;

(51) stop loss liability;

(52) surety;

(53) title;

(54) vandalism and malicious mischief;

(55) workers' compensation; and

(56) similar products relating to casualty matters.

B. An insurer authorized to transact casualty insurance may write accident and health insurance as those terms are defined in Section 59A-7-3 NMSA 1978.

History: Laws 1984, ch. 127, § 112; 1978 Comp., § 59A-7-6, repealed and reenacted by Laws 2016, ch. 89, § 8; 2017, ch. 130, § 6.

Repeals and reenactments. — Laws 2016, ch. 89, § 8 repealed 59A-7-6 NMSA 1978, and enacted a new section, effective July 1, 2017.

The 2017 amendment, effective July 1, 2017, allowed casualty insurers to write accident and health insurance; added subsection designation "A." and redesignated former Subsections A through DDD as Paragraphs A(1) through A(56), respectively; and added a new Subsection B.

Severability. — Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected.

Meaning of the word "sudden" in a pollution exclusion provision. — Where plaintiff mining company incurred liability for environmental contamination that occurred over a period of years; plaintiff's liability insurance policies excluded coverage for damage caused by pollution or contamination unless the discharges were "sudden and accidental"; the policies did not define the word "sudden" or the phrase "sudden and accidental"; the court considered other provisions of the policies, dictionary definitions, opinions of other courts, industry practice, and the drafting history of the exclusion provision by the insurance industry to evaluate whether the word "sudden" was ambiguous; and based on the court's consideration of the extrinsic evidence, the court concluded that the word "sudden" as used in the policies was ambiguous, the court resolved the ambiguity against the defendant insurer and held that as a matter of law, the word "sudden" as used in the exclusion provision meant "unexpected", rather than indicating a temporal limitation on the occurrence. United Nuclear Corp. v. Allstate Ins. Co., 2012-NMSC-032, 285 P.3d 644, rev'g 2011-NMCA-039, 149 N.M. 574, 252 P.3d 798.

Meaning of "sudden" in qualified pollution exclusion provision. — Where a liability insurance policy excluded coverage for property damage or personal injury caused by pollution unless the pollution was "sudden and accidental", the term "sudden" means quick, abrupt or a temporary shot period of time. United Nuclear Corp. v. Allstate Ins. Co., 2011-NMCA-039, 149 N.M. 574, 252 P.3d 798, cert. granted, 2011-NMCERT-005, 150 N.M. 666, 265 P.3d 717.

Intent to harm can be inferred. — With regard to whether sexual assault is the kind of intentional act to which liability insurance does not apply, the insured's intent to harm can be inferred as a matter of law. Sena v. Travelers Ins. Co., 801 F. Supp. 471 (D.N.M. 1992).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 703 to 728.

Coverage and exclusions of liability or indemnity policy on physicians, surgeons, and other healers, 33 A.L.R.4th 14, 14 A.L.R.5th 695.

Self-insurance against liability as other insurance within meaning of liability insurance policy, 46 A.L.R.4th 707.

Livestock or animal insurance: risks and losses, 47 A.L.R.4th 772.

Liability insurance: when is vehicle in "dead storage," 48 A.L.R.4th 591.

Aviation insurance: causal link between breach of policy provisions and accident as requisite to avoid insurer's liability, 48 A.L.R.4th 778.

Liability insurance: excess carrier's right of action against primary carrier for improper or inadequate defense of claim, 49 A.L.R.4th 304.

Boiler and machinery insurance: risks and losses covered by policy or provision expressly covering boilers and machinery, 49 A.L.R.4th 336.

Partnership or joint venture exclusion in contractor's or other similar comprehensive general liability insurance policy, 57 A.L.R.4th 1155.

Liability insurance: what is "claim" under deductibility-per-claim clause, 60 A.L.R.4th 983.

What constitutes single accident or occurrence within liability policy limiting insurer's liability to a specified amount per accident or occurrence, 64 A.L.R.4th 668.

Theft and vandalism insurance: coinsured's misconduct as barring innocent coinsured's right to recover on policy, 64 A.L.R.4th 714.

What constitutes theft within automobile theft insurance policy - modern cases, 67 A.L.R.4th 82.

Construction and effect of "rain insurance" policies insuring against rainfall on the date of concert, exhibition, game, or the like, 70 A.L.R.4th 1010.

Liability of tortfeasor's insurance agent or broker to injured party for failure to procure or maintain liability insurance, 72 A.L.R.4th 1095.

Construction and effect of provisional or monthly reporting inventory insurance, 81 A.L.R.4th 9.

Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444.

Who is an "executive officer" of insured within meaning of liability insurance policy, 1 A.L.R.5th 132.

Event triggering liability insurance coverage as occurring within period of time covered by liability insurance policy where injury or damage is delayed - modern cases, 14 A.L.R.5th 695.

Validity, construction, and effect of assault and battery exclusion in liability insurance policy at issue, 44 A.L.R.5th 91.

What constitutes "vacant land" within meaning of liability of property insurance policy provisions, 47 A.L.R.5th 535.

What constitutes "suit" triggering insurer's duty to defend environmental claims-state cases, 48 A.L.R.5th 355.

Duty of liability insurer to initiate settlement negotiations, 51 A.L.R.5th 701.

What constitutes "vandalism" or "malicious mischief" within meaning of insurance policy specifically extending overage to losses from such causes, 56 A.L.R.5th 407.

Liability of insurance agent or broker on ground of inadequacy of liability-insurance coverage procured, 60 A.L.R.5th 165.

When is medical expense "incurred" under policy providing for payment of medical expenses incurred within fixed period of time from date of injury, 65 A.L.R.5th 649.

44 C.J.S. Insurance § 5 et seq.