N.M. Stat. § 59A-50-7
Service contracts.
A. Any motor club service contract form, amendment thereof and agreement
collateral thereto shall be filed with the superintendent before final execution of any
such document. The superintendent shall prohibit the use of any language, condition or
requirement in such service contracts, amendments and collateral agreements which is
false, misleading, unfair, inequitable or otherwise contrary to public interest. Any
prohibition of language, condition or requirement shall be made by the superintendent
within thirty (30) days after the date the document is filed or shall be made anytime
thereafter pursuant to the administrative hearing procedures provided for in Article 4
[Chapter 59A, Article 4 NMSA 1978] of the Insurance Code.
B. Each service contract shall contain a provision that if the motor club is unable to
perform a contract obligation either on a service or indemnity basis the cash retail
equivalent shall be paid to the member.