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Home » US Law » 2021 New Mexico Statutes » Chapter 59A - Insurance Code » Article 20 - Life Insurance and Annuity Contracts

Section 59A-20-1 – Scope of article.

This article [Chapter 59A, Article 20 NMSA 1978] applies only to contracts of life insurance, endowments and annuities, other than reinsurance, group life insurance and group annuities; except that Section 395 [59A-20-30 NMSA 1978] (variable contract law) shall also apply as to group life and group annuity contracts. History: Laws 1984, ch. 127, § 366. […]

Section 59A-20-10 – Policy loan interest rates.

A. For purposes of this section the “published monthly average” means: (1) the Moody’s Corporate Bond Yield Average – Monthly Average Corporates as published by Moody’s Investors Service, Inc. or any successor thereto; or (2) if such publication is no longer published, a substantially similar average established by regulations of the superintendent. B. Maximum rate […]

Section 59A-20-11 – Table of installments.

If the policy provides that the proceeds may be payable in installments which are determinable at issue of the policy, there shall be a table showing the amount of the guaranteed installments. History: Laws 1984, ch. 127, § 376.

Section 59A-20-12 – Reinstatement.

There shall be a provision that unless: A. the policy has been surrendered for its cash surrender value; or B. its cash surrender value has been exhausted; or C. the paid-up term insurance, if any has expired; the policy will be reinstated at any time within three (3) years (or two (2) years in the […]

Section 59A-20-13 – Premium.

There shall be a provision stating the amount of premium and the time and manner payable. History: Laws 1984, ch. 127, § 378.

Section 59A-20-14 – Payment of claims.

There shall be a provision that when a policy shall become a claim by the death of the insured, settlement shall be made upon receipt of due proof of death and, at the insurer’s option, surrender of the policy or proof of the interest of the claimant. If an insurer shall specify a particular period […]

Section 59A-20-15 – Beneficiary, industrial policies.

An industrial life insurance policy shall have the name of the beneficiary designated thereon with a reservation of the right to change the beneficiary after the issuance of the policy. The policy may also provide that no designation or change of beneficiary shall be binding on the insurer until endorsed on the policy by the […]

Section 59A-20-17 – Standard provisions, annuity and pure endowment contracts.

A. No annuity or pure endowment contract, other than a reversionary annuity (also called survivorship annuities) or group annuities and except as stated in this section, shall be delivered or issued for delivery in this state unless it contains in substance each of the provisions as specified in Sections 383 through 388 [59A-20-18 to 59A-20-23 […]

Section 59A-20-18 – Annuities, grace period.

In an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, there shall be a provision that there shall be a period of grace of one month, but not less than thirty (30) days, within which any stipulated payment to the insurer falling due after the first may be made, subject […]

Section 59A-20-19 – Annuities, incontestability.

If any statements other than those relating to age, sex and identity are required as a condition to issuing an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity and subject to Section 386 [59A-20-21 NMSA 1978] of this article, there shall be a provision that the contract shall be incontestable […]

Section 59A-20-2 – “Annuity”, “industrial life insurance” defined.

For the purposes of the Insurance Code: A. an “annuity” is a contract under which obligation is assumed by the issuer to make periodic payments for a specific term or terms where the making or continuance of all or some such payments or the amount of any such payment is dependent upon continuance of human […]

Section 59A-20-20 – Annuities, entire contract.

In an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, there shall be a provision that the contract shall constitute the entire contract between the parties or, if a copy of the application is endorsed upon or attached to the contract when issued, a provision that the contract and the […]

Section 59A-20-21 – Annuities, misstatement of age or sex.

In an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, there shall be a provision that if the age or sex of the person or persons upon whose life or lives the contract is made, or of any of them, has been misstated, the amount payable or benefits accruing under […]

Section 59A-20-22 – Annuities, dividends.

If an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, is participating, there shall be a provision that the insurer shall annually ascertain and apportion any divisible surplus accruing on the contract. History: Laws 1984, ch. 127, § 387.

Section 59A-20-23 – Annuities, reinstatement.

In any annuity or pure endowment contract, other than a reversionary or group annuity, there shall be a provision that the contract may be reinstated at any time within one year from the default in making stipulated payments to the insurer, unless the cash surrender value has been paid, but all overdue stipulated payments and […]

Section 59A-20-24 – Standard provisions; reversionary annuities.

A. Except as stated in this section, no contract for a reversionary annuity shall be delivered or issued for delivery in this state unless it contains in substance each of the following provisions: (1) the provisions specified in Sections 383 through 387 [59A-20-18 to 59A-20-22 NMSA 1978] of this article, except that under Section 383 […]

Section 59A-20-25 – Limitation of liability.

A. No policy of life insurance shall be delivered or issued for delivery in this state if it contains any of the following provisions: (1) a provision for a period of not less than five years within which an action at law or in equity may be commenced after the cause of action shall accrue; […]

Section 59A-20-26 – Prohibited provisions.

A. No life insurance policy shall be delivered or issued for delivery in this state if it contains any of the following provisions: (1) a provision by which the policy purports to be issued or to take effect more than one year before the original application for the insurance was made; (2) a provision for […]

Section 59A-20-27 – Provisions required by other jurisdictions.

A. The policies of a foreign life insurer may contain any provision which the law of the insurer’s state or country of domicile prescribes shall be in such policies when issued in this state; and the policies of a domestic life insurer when issued or delivered in any other state or country may contain any […]