N.M. Stat. § 59A-44-19
The benefit contract.
A. Every society authorized to do business in this state shall issue to each owner of
a benefit contract a certificate specifying the amount of benefits provided thereby. The
certificate, together with any riders or endorsements attached thereto, the laws of the
society, the application for membership, the application for insurance and declaration of
insurability, if any, signed by the applicant, and all amendments to each thereof, shall
constitute the benefit contract, as of the date of issuance, between the society and the
owner, and the certificate shall so state. A copy of the application for insurance and
declaration of insurability, if any, shall be endorsed upon or attached to the certificate.
All statements on the application shall be representations and not warranties. Any
waiver of this provision shall be void.
B. Any changes, additions or amendments to the laws of the society duly made or
enacted subsequent to the issuance of the certificate shall bind the owner and the
beneficiaries, and shall govern and control the benefit contract in all respects the same
as though such changes, additions or amendments had been made prior to and were in
force at the time of the application for insurance, except that no change, addition or
amendment shall destroy or diminish benefits which the society contracted to give the
owner as of the date of issuance.
C. Any person upon whose life a certificate is issued prior to attaining the age of
majority shall be bound by the terms of the application and certificate and by all the laws
and rules of the society to the same extent as though the age of majority had been
attained at the time of application.
D. A society shall provide in its laws that if its reserves as to all or any class of
certificates become impaired, its board of directors or corresponding body shall require
that there shall be paid by the owner to the society the amount of the owner's equitable
proportion of such deficiency as ascertained by its board, and that if the payment is not
made either:
(1)
it shall stand as an indebtedness against the certificate and draw interest
not to exceed the rate specified for certificate loans under the certificates; or
(2)
in lieu of or in combination with the provisions of Paragraph (1) of this
subsection, the owner may accept a proportionate reduction in benefits under the
certificate. The society may specify the manner of the election and which alternative is
to be presumed if no election is made.
E. Copies of any of the documents mentioned in this section, certified by the
secretary or corresponding officer of the society, shall be received in evidence of the
terms and conditions thereof.
F. No certificate shall be delivered or issued for delivery in this state unless a copy
of the form and rates and rate increases applicable to accident and health insurance
have been filed with and approved by the superintendent in accordance with Sections
59A-18-12, 59A-18-13 and 59A-18-14 NMSA 1978. Every life or accident and health
insurance certificate and every annuity certificate issued on or after one year from the
effective date of this act shall meet the standard contract provision requirements
consistent with Chapter 59A, Article 44 NMSA 1978, as specified in Chapter 59A,
Articles 20 and 22 NMSA 1978, except that a society may provide for a grace period for
payment of premiums of one full month in its certificates. The certificate shall also
contain a provision stating the amount of premiums which are payable under the
certificate and a provision reciting or setting forth the substance of any sections of the
society's laws or rules in force at the time of issuance of the certificate which, if violated,
will result in the termination or reduction of benefits payable under the certificate. If the
laws of the society provide for expulsion or suspension of a member, the certificate shall
also contain a provision that any member so expelled or suspended, except for
nonpayment of a premium or within the contestable period for material
misrepresentation in the application for membership or insurance, shall have the
privilege of maintaining the certificate in force by continuing payment of the required
premium.
G. Certificates issued on the lives of persons below the society's minimum age for
adult membership may provide for transfer of control of ownership to the insured at an
age specified in the certificate. A society may require approval of an application for
membership in order to effect this transfer and may provide in all other respects for the
regulation, government and control of such certificates and all rights, obligations and
liabilities incident thereto and connected therewith. Ownership rights prior to such
transfer shall be specified in the certificate.
H. A society may specify the terms and conditions on which certificates may be
assigned.