Section 59A-16B-1 – Short title.
Sections 1 through 10 [59A-16B-1 to 59A-16B-10 NMSA 1978] of this act may be cited as the “Domestic Abuse Insurance Protection Act”. History: Laws 1997, ch. 141, § 1.
Section 59A-16B-10 – Civil administrative penalty; superintendent’s orders.
A. In lieu of the civil administrative penalty provided for in Subsection B of Section 59A-1-18 NMSA 1978, and except as otherwise provided in this section, a separate civil administrative penalty may be assessed for a second or subsequent violation of the Domestic Abuse Insurance Protection Act. That administrative penalty shall be not over ten […]
Section 59A-16B-2 – Purpose of act.
The purpose of the Domestic Abuse Insurance Protection Act is to prohibit insurers from unlawfully discriminating on the basis of domestic abuse by using the fact of domestic abuse or the insurer’s determination of a person’s abuse status as an insurance criterion or rating factor. The Domestic Abuse Insurance Protection Act protects victims of domestic […]
Section 59A-16B-3 – Definitions.
As used in the Domestic Abuse Insurance Protection Act: A. “abuse-related medical condition” means a medical condition sustained by a victim of domestic abuse that arises in whole or in part out of an act or pattern of abuse; B. “abuse status” means the fact or the determination by the insurer that a person is […]
Section 59A-16B-4 – Unfair discrimination on the basis of a person’s abuse status prohibited.
A. An insurer or any person employed by or contracting with an insurer shall not engage in an unfair discriminatory act or practice against a person on the basis of a person’s abuse status, including: (1) denying, refusing to issue, renew or reissue or canceling or otherwise terminating a policy, restricting or excluding coverage or […]
Section 59A-16B-5 – Justification of adverse insurance underwriting decisions.
An insurer that takes an underwriting action that adversely affects a victim of domestic abuse on the basis of a medical condition, claims history or other underwriting information that the insurer knows is abuse-related shall explain the reason for its action to the applicant or insured in writing and, upon request, shall be able to […]
Section 59A-16B-6 – Insurance company procedures to protect the safety and privacy of victims of domestic abuse.
The superintendent, in consultation with public safety officials who specialize in domestic abuse matters or with a recognized domestic abuse advocacy group, shall adopt regulations that specify procedures to be followed by an insurer’s employees, contractors, agents and brokers for the purpose of protecting the safety and privacy of victims of domestic abuse involved in […]
Section 59A-16B-7 – Rules and regulations.
The superintendent may adopt, in accordance with Section 59A-2-9 NMSA 1978, rules and regulations necessary to administer provisions of the Domestic Abuse Insurance Protection Act. History: Laws 1997, ch. 141, § 7.
Section 59A-16B-9 – Applicability.
The provisions of the Domestic Abuse Insurance Protection Act apply to all insurers as defined in that act, including the following: A. fraternal benefit societies pursuant to Chapter 59A, Article 44 NMSA 1978; B. health maintenance organizations and their promoters, sponsors, directors, officers, employees, agents, solicitors and other representatives pursuant to Chapter 59A, Article 46 […]