N.M. Stat. § 59A-41-55
Summary proceedings; seizure under superintendent's
order.
A. If it appears to the superintendent that the interests of policyholders, creditors or
the public will be jeopardized by delay incident to requesting a court seizure order, then
on any ground which would justify a court seizure order under Section 59A-41-54 NMSA
1978, and without notice and without applying to the court, the superintendent may
issue a seizure order which must contain a statement verified by him of the grounds for
his action. As directed by the seizure order, the superintendent's representatives shall
forthwith take possession and control of all or part of the property, books, accounts and
records of the insurer and of the premises in this state occupied by the insurer for
transaction of its business. The superintendent shall retain possession and control until
the order is vacated or is replaced by an order of court pursuant to Subsection B of this
section, or pursuant to a formal proceeding under Chapter 59A, Article 41 NMSA 1978.
B. At any time after seizure under Subsection A of this section, the insurer may
apply to the district court for Santa Fe county. The court shall thereupon order the
superintendent to appear forthwith and shall thereafter proceed as if the order were a
court seizure order issued under Section 59A-41-54 NMSA 1978.
C. Every peace officer of this state shall assist the superintendent in making and
enforcing any such seizure, and every sheriff and police department shall furnish the
superintendent with such deputies, patrolmen or officers as may be necessary for the
purpose.
D. Entry of a seizure order under this section does not constitute an anticipatory
breach of any contract of the insurer.