2020 New Mexico Statutes
Chapter 59A - Insurance Code
Article 12 - Insurance Producers
Section 59A-12-4 - License required.

A person shall not sell, solicit or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of insurance in accordance with the Insurance Code.

History: Laws 1984, ch. 127, § 205; 1999, ch. 272, § 5; 1999, ch. 289, § 6; 2016, ch. 89, § 28.

The 2016 amendment, effective July 1, 2017, provided that a license is required to sell insurance in New Mexico; in the catchline, changed "'solicitor' defined" to "license required"; and in the paragraph, deleted "For the purposes of Chapter 59A, Article 12 NMSA 1978, a 'solicitor' is an individual employed by a licensed agent to solicit insurance and perform such other duties in handling the agent's business as the agent may authorize" and added the remainder of the section.

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.

The 1999 amendment, effective June 18, 1999, updated the statutory reference and deleted "resident" following "licensed".

Soliciting and writing insurance distinguished from doing business. — Instruction leading jury to believe they were warranted in convicting defendant if he had done business without a license was erroneous, where he was only charged with having solicited and written insurance. State v. Loveless, 1935-NMSC-023, 39 N.M. 142, 42 P.2d 211.

Employees of corporation licensed as insurance agent are solicitors and must get licenses before they may solicit insurance on corporation's behalf. 1943 Op. Att'y Gen. No. 43-4227.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Meaning of term "solicit" in statute relating to insurance agents, 48 A.L.R. 1173.

44 C.J.S. Insurance § 85 et seq.