N.M. Stat. § 38-1-9
Defense of action by unauthorized insurer.
A. Before any unauthorized foreign or alien insurer shall file or cause to be filed any
pleading in any action, suit or proceeding instituted against it, such unauthorized insurer
shall [(1)] deposit with the clerk of the court in which such action, suit or proceeding is
pending cash or securities or file with such clerk a bond with good and sufficient
sureties, to be approved by the court, in an amount to be fixed by the court sufficient to
secure the payment of any final judgment which may be rendered in such action; or (2)
procure a certificate of authority to transact the business of insurance in this state.
B. The court in any action, suit or proceeding, in which service is made in the
manner provided in Subsections [Subsection] B or C of Section 2 [38-1-8 NMSA 1978]
may, in its discretion, order such postponement as may be necessary to afford the
defendant reasonable opportunity to comply with the provisions of Subsection A of this
section and to defend such action.
C. Nothing in Subsection A of this section is to be construed to prevent an
unauthorized foreign or alien insurer from filing a motion to quash a writ or to set aside
service thereof made in the manner provided in Subsections [Subsection] B or C of
Section 2 [38-1-8 NMSA 1978] hereof on the ground either (1) that such unauthorized
insurer has not done any of the acts enumerated in Subsection A of Section 2 [38-1-8
NMSA 1978], or (2) that the person on whom service was made pursuant to Subsection
C of Section 2 [38-1-8 NMSA 1978] was not doing any of the acts therein enumerated.