N.M. Stat. § 59A-17-25
Joint underwriting, joint reinsurance pool and residual
market mechanisms.
A. A group, association or other organization of insurers that engages in joint
underwriting, joint reinsurance pools or residual market mechanisms through the group,
association or organization or by standing agreement among the members, shall file
with the superintendent:
(1)
a copy of its constitution, its articles of incorporation, agreement or
association and its bylaws and rules governing its activities, all duly certified by the
custodian of the originals;
(2)
a list of its members; and
(3)
the name and address of a resident of this state upon whom notices or
orders of the superintendent or process affecting the group, association or organization
may be served.
B. Every such group, association or other organization shall notify the
superintendent promptly in writing of changes in its constitution, its articles of
incorporation, agreement or association, its bylaws and rules governing conduct of its
business, its list of members or the name and address of its process agent referred to in
Paragraph (3) of Subsection A of this section.
C. Every such group, association or organization shall be subject to regulation as
herein provided, subject, however, as to joint underwriting to applicable provisions of the
Insurance Rate Regulation Law, and as to joint reinsurance to Sections 59A-17-13,
59A-17-32, 59A-17-34 and 59A-17-35 NMSA 1978.
D. No group, association or organization shall engage in an unfair or unreasonable
practice with respect to its activities. If, after a hearing, the superintendent finds that an
activity or practice of a group, association or organization is unfair or unreasonable or
otherwise inconsistent with the provisions of the Insurance Rate Regulation Law, the
superintendent may issue an order specifying the respects in which the activity or
practice is unfair or unreasonable or otherwise inconsistent with the provisions of the
Insurance Rate Regulation Law and requiring discontinuance of the activity or practice.