N.M. Stat. § 59A-43-10
Effect of paid claims.
A. Any person recovering under Chapter 59A, Article 43 NMSA 1978 shall be
deemed to have assigned his rights under the policy to the association to the extent of
his recovery from the association. Every insured or claimant seeking the protection of
that article shall cooperate with the association to the same extent as he would have
been required to cooperate with the insolvent insurer. The association shall have no
cause of action against the insured of the insolvent insurer for any sums it has paid out
except such causes of action as the insolvent insurer would have had if such sums had
been paid by the insolvent insurer. In the case of an insolvent insurer operating on a
plan with assessment liability, payments of claims of the association do not operate to
reduce the liability of the insured to the receiver, liquidator or statutory successor for
unpaid assessments.
B. The receiver, liquidator or statutory successor of an insolvent insurer is bound by
settlements of covered claims by the association or a similar organization in another
state. The association may make application to the court for reimbursement of such
claims and expenses and upon proper application the court shall order appropriate
disbursements to be made in accordance with the provisions of Chapter 59A, Article 41
NMSA 1978 in effect at the time the application is acted upon by the court.
C. The association shall, within the time set by the receivership court, file with the
receiver or liquidator of the insolvent insurer, statements of the covered claims paid by
the association and estimates of anticipated claims on the association.