2019 New Mexico Statutes
Chapter 59A - Insurance Code
Article 1 - Insurance Code
Section 59A-1-15 - Application of the code as to particular types of insurers, organization or subjects.
No provision of the Insurance Code shall apply to:
A. fraternal benefit societies, as identified in Chapter 59A, Article 44 NMSA 1978, except as stated in that article;
B. nonprofit health care plans, as identified in Chapter 59A, Article 47 NMSA 1978, except as stated in that article;
C. health maintenance organizations, as identified in Chapter 59A, Article 46 NMSA 1978, except as stated in that article;
D. prepaid dental plans, as identified in Chapter 59A, Article 48 NMSA 1978, except as stated in that article;
E. motor clubs, as identified in Chapter 59A, Article 50 NMSA 1978, except as stated in that article;
F. bail bondsmen, as identified in Chapter 59A, Article 51 NMSA 1978, except as stated in that article;
G. insurance premium finance companies, as identified in Chapter 59A, Article 45 NMSA 1978, except as stated in that article; and
H. title insurers and title insurance agents, as identified in Chapter 59A, Article 30 NMSA 1978, except as stated in that article.
History: Laws 1984, ch. 127, § 15; 1985, ch. 28, § 15.
ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
Fraternal benefit society. — Where statute exempted fraternal benefit societies from all taxes other than those on real estate and office equipment, plaintiff society, which complied with every element in the statutory definition, was a fraternal benefit society, notwithstanding large amount of insurance on its books, alleged discrimination among members, alleged excessive compensation to its officers and agents or purported writing of unauthorized policies. Modern Woodmen of Am. v. Casados, 17 F. Supp. 763 (D.N.M. 1937).
Prepaid medical fees. — Agreement between individual and physician for personal services in return for certain monthly payments involved prepayment of medical fees and not insurance. 1957 Op. Att'y Gen. No. 57-29.
Automobile club services as insurance. — Various services furnished members by an automobile club, including furnishing of bond, attorney fees for defense or collection of damages, reward for return of stolen vehicle, protection against lost credit cards, emergency road service and reimbursement for expenses due to automobile disability, constituted practice of insurance. 1971 Op. Att'y Gen. No. 71-82.
Furnishing of ambulance service not insurance. — Furnishing of ambulance service by association which sells memberships to the public entitling members to free ambulance service from any contract operator in event of sickness or injury does not amount to the doing of an insurance business, as it does not assume as its primary purpose a risk, hazard or peril but merely constitutes a contract to furnish services. 1960 Op. Att'y Gen. No. 60-58.
Setting up of contract to indemnify the public for loss suffered by reason of necessity to utilize ambulance services was insurance. 1954 Op. Att'y Gen. No. 54-5990.
Where a person operating an ambulance proposes to offer ambulance service to the general public pursuant to an agreement which in substance recites that in consideration of $15.00 the ambulance service will be provided to and from a named hospital within a 25 mile radius for a period of one year to the subscribers of such agreement, such an arrangement is not insurance so as to be amenable to regulation under the insurance laws of New Mexico. 1961 Op. Att'y Gen. No. 61-30.
Bail bond business insurance. — An individual who advertises himself as a bail bondsman and places cash deposits in lieu of bail for accused persons, charging the accused a fee of 10% of the amount of the cash deposit, is a recognizor for the accused and is transacting an insurance business. 1969 Op. Att'y Gen. No. 69-93.
Law reviews. — For note, "Nonprofit Health Care Corporations Are Not Insurance Providers," see 10 N.M.L. Rev. 481 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Prepaid legal services plans, 93 A.L.R.3d 199.
