N.M. Stat. § 59A-45-8
Additional requirements.
The following additional provisions shall be applicable to an insurance premium
finance agreement:
A. a premium finance company shall not charge, contract for, receive or collect a
rate other than permitted pursuant to this article;
B. the rate is to be computed on the balance of the premium due, after subtracting
the down payment made by the insured in accordance with the premium finance
agreement, from the effective date of the insurance coverage for which premiums are
being advanced, to and including the date when the final installment of the premium
finance agreement is payable;
C. nothing contained in this article shall limit or restrict the manner of calculating the
interest charges whether by way of add-on, discount, simple annual rate or otherwise,
so long as the rate of interest charge does not exceed that permitted pursuant to this
article. If the loan is a precomputed loan transaction:
(1)
the interest charge may be calculated on the assumption that all
scheduled payments will be made when due; and
(2)
the effect of prepayment is governed by the provisions on rebate upon
prepayment in this section;
D. if the entire unpaid balance outstanding on a precomputed loan transaction is
paid by cash, renewal or otherwise, at any time prior to maturity, the premium finance
company shall give a refund or credit of the unearned portion of such charge, according
to the rule commonly known as "the rule of 78's", which refund or credit shall represent
at least as great a portion of the original charge as the sum of the consecutive balances
of the contract scheduled to be outstanding after the date of prepayment bears to the
sum of all the consecutive monthly balances of the contract scheduled to be outstanding
under the schedule of payments in the original instrument or instruments evidencing the
loan; except, that if the contract is prepaid in cash rather than renewed or refinanced,
the premium finance company shall not be required to make a refund or credit if the
amount, computed as herein set forth, would be less than one dollar ($1) for each loan
prior to the maturity;
E. in precomputed loan transactions where the insurer and the premium finance
company execute an extension agreement for the deferral of an installment payment,
the premium finance company may make an interest charge on the monthly installment
that is deferred at a rate not exceeding one percent per month for each month or portion
thereof that the payment has been deferred; and
F. for repayment in greater or lesser periods or amounts, or in unequal, irregular or
other than monthly installment, the rate may be computed at an equivalent effective rate
having due regard for the installments as scheduled.