N.M. Stat. § 59A-12C-2
Definitions.
As used in the Broker Controlled Insurer Law:
A. "accredited state" means a state in which the insurance department or regulatory
agency has qualified as meeting the minimum financial regulatory standards
promulgated and established from time to time by the national association of insurance
commissioners;
B. "control" or "controlled" has the meaning ascribed in The Insurance Holding
Company Law [Chapter 59A, Article 37 NMSA 1978];
C. "controlled insurer" means an authorized insurer which is controlled, directly or
indirectly, by a broker;
D. "controlling broker" means a broker who, directly or indirectly, controls an insurer;
E. "authorized insurer" or "insurer" means any person, firm, association or
corporation duly authorized to transact a property or casualty insurance business in this
state. The following are not authorized insurers for the purposes of the Broker
Controlled Insurer Law:
(1)
all risk retention groups as defined in: the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613 (1986); the Risk
Retention Amendments of 1986, 15 U.S.C. Section 3901 et seq. (1982 & Supp. 1986);
and Article 55 of the Insurance Code;
(2)
all residual market pools and joint underwriting authorities or associations;
and
(3)
all captive insurers; for the purposes of the Broker Controlled Insurer Law,
captive insurers are insurance companies owned by another organization whose
exclusive purpose is to insure risks of the parent organization and affiliated companies
or, in the case of groups and associations, insurance organizations owned by the
insureds whose exclusive purpose is to insure risks to member organizations or group
members and their affiliates; and
F. "broker" means an insurance broker or brokers or any other person, firm,
association or corporation, when, for any compensation, commission or other thing of
value, such person, firm, association or corporation acts or aids in any manner in
soliciting, negotiating or procuring the making of any insurance contract on behalf of an
insured other than the person, firm, association or corporation.
- Cross-references to the US Code
- 15:3901
- Public laws referenced
- Pub. L. 99-499