N.M. Stat. § 59A-33-6
Powers of the pool; duty of member companies;
servicing carriers.
A. The pool shall provide workers' compensation insurance, pursuant to the terms of
the Workers' Compensation Assigned Risk Pool Law, for any risk, under the laws of the
state providing for workers' compensation, which risk in good faith has been tendered to
and rejected by two or more insurers writing workers' compensation insurance. The pool
may purchase reinsurance, either on a single occurrence or aggregate coverage basis.
B. In accordance with the bylaws of the pool, the board shall designate servicing
carriers, that are willing to serve as such, the total number of which shall be determined
by the board. Contracts with and compensation of servicing carriers shall be subject to
the superintendent's approval. Contracts shall be for a term determined by the board
subject to the superintendent's approval.
C. Following the adoption by the pool and approval by the superintendent of rules
and regulations of the pool as provided for in Section 59A-33-9 NMSA 1978, the
procedures and remedies established under the Workers' Compensation Assigned Risk
Pool Law shall be the sole and exclusive procedures and remedies of any applicant for
workers' compensation insurance in this state whose application for such insurance has
in good faith been rejected in writing by two or more insurers writing workers'
compensation insurance.