N.M. Stat. § 59A-18-4
Insurable interest; personal insurance.
A. Any individual of competent legal capacity may procure or effect an insurance
contract upon his own life or body for the benefit of any person. No person shall procure
or cause to be procured any insurance contract upon the life or body of another
individual unless the benefits under such contract are payable to the individual insured
or his personal representatives, or to a person having, at the time such contract was
made, an insurable interest in the individual insured.
B. If the beneficiary, assignee or other payee under any contract made in violation
of this section receives from the insurer any benefits thereunder accruing upon the
death, disablement or injury of the individual insured, the individual insured or personal
representative may maintain an action to recover such benefits from the person so
receiving them.
C. As used in this section, "insurable" interest as to such personal insurance means
that every person has an insurable interest in the life, body and health of himself, if an
individual, and in the life, body and health of other individuals as follows:
(1)
in the case of individuals related closely by blood or by law, a substantial
interest engendered by love and affection; and
(2)
in the case of other persons, a lawful and substantial economic interest in
having the life, health or bodily safety of the insured individual continue, as
distinguished from an interest which would arise only, or would be enhanced in value,
by the death, disablement or injury of the individual insured.
D. An individual party to a contract or option for purchase or sale of an interest in a
business partnership or firm, or of shares of stock of a corporation or of an interest in
such shares, has an insurable interest in the life, body and health of each individual
party to such contract and for the purposes of such contract only, in addition to any
insurable interest which may otherwise exist as to such individual.
E. An insurer shall be entitled to rely upon all statements, declarations and
representations made by an applicant for insurance relative to the insurable interest of
the applicant in the insured; and no insurer shall incur legal liability, except as set forth
in the policy, by virtue of any untrue statements, declarations or representations so
relied upon in good faith by the insurer.