Unauthorized Insurers Process Act
New Mexico · Trials · §§ 38-1-1 to 38-1-9 · 20 sections
Overview
The Unauthorized Insurers Process Act governs how legal proceedings may be brought against insurance companies that transact insurance business within a state without holding a license there. It establishes a mechanism for compelling such insurers into the state's courts by treating their unauthorized insurance activity as consent to service of process through a designated state official or agent, with provision for personal service outside the state as well. The act also sets out related procedural requirements, including notice to the insurer of the proceeding, conditions governing the insurer's appearance and defense of an action, and the recovery of attorney fees.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 23 court decisions.
Most-cited authority: 465 F.3d 1210 - Trujillo v. Williams
Sections covered
- § 38-1-1 NMSA 1978Rules of pleading, practice and procedure1 cite
- § 38-1-10 NMSA 1978Attorney fees
- § 38-1-11 NMSA 1978Short title
- § 38-1-12 NMSA 1978Service against incapacitated
- § 38-1-13 NMSA 1978[Notice of proceedings occurring prior to service of summons or appearance.]
- § 38-1-14 NMSA 1978Notice of lis pendens; contents; recording; effect3 cites
- § 38-1-15 NMSA 1978[Pendency of suit; time within which process must be served; cancellation of lis pendens notice.]1 cite
- § 38-1-16 NMSA 1978Personal service of process outside state15 cites
- § 38-1-17 NMSA 1978Service of process
- § 38-1-18 NMSA 1978Agent for service of process
- § 38-1-2 NMSA 1978[Practice statutes may be modified or suspended by rules.]
- § 38-1-3 NMSA 1978[Common law is rule of practice and decision.]1 cite
- § 38-1-4 NMSA 1978[Equity rules prevail over common law.]
- § 38-1-5 NMSA 1978Service of process; failure to report
- § 38-1-5.1 NMSA 1978Service of process on limited liability companies; death or removal of registered agent
- § 38-1-6 NMSA 1978Process against foreign corporations2 cites
- § 38-1-6.1 NMSA 1978Process against foreign limited liability companies
- § 38-1-7 NMSA 1978Purpose of act
- § 38-1-8 NMSA 1978Service of process upon unauthorized insurer
- § 38-1-9 NMSA 1978Defense of action by unauthorized insurer
Enacted in other states
Alabama, Arkansas, Colorado, Delaware, Indiana, Maine, Minnesota, Montana, North Carolina, Rhode Island, Tennessee, Wyoming
All New Mexico named statutes →
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