Key Takeaways

  • New Mexico has adopted the Unfair Insurance Practices Act under NMSA 59A-16
  • Rebating is prohibited under New Mexico law with limited exceptions
  • Twisting and churning are prohibited replacement practices
  • The Superintendent of Insurance has enforcement authority
  • Insurers must handle claims fairly and promptly
Last updated: January 2026

Unfair Trade Practices

New Mexico has adopted comprehensive unfair trade practices regulations under Chapter 59A, Article 16 of the New Mexico Statutes Annotated.

Unfair Insurance Practices Act

New Mexico prohibits various unfair or deceptive practices in the insurance industry.

Misrepresentation

Producers and insurers are prohibited from:

  • Making false statements about policy terms or benefits
  • Misrepresenting the financial condition of an insurer
  • Using misleading policy illustrations
  • Making false statements about competitors
  • Misrepresenting the nature of the insurance transaction

False Advertising

New Mexico prohibits deceptive insurance advertising:

  • Ads must be truthful and not misleading
  • Must clearly identify as insurance advertisement
  • Cannot use testimonials that are not genuine
  • Cannot imply government endorsement
  • Must include insurer's name

Rebating

Rebating is offering inducements not specified in the policy to purchase insurance:

What Is Prohibited

  • Returning part of premium to insured
  • Offering gifts or prizes of significant value
  • Paying for referrals to individuals
  • Sharing commission with non-licensed persons

Limited Exceptions

New Mexico allows:

  • Dividends specified in policy
  • Legitimate marketing items of nominal value
  • Group premium discounts
  • Premium financing arrangements

Rebating Penalties

ViolationPenalty
First OffenseFine up to $5,000 per violation
Repeat OffenseFine up to $10,000 + suspension
Pattern of ViolationsLicense revocation
Consumer InvolvedBoth parties may face penalties

Exam Tip: Rebating is generally prohibited in New Mexico. Violations can result in fines up to $10,000 and license revocation.

Coercion and Intimidation

NMSA 59A-16-5 prohibits coercive practices:

Prohibited Coercive Acts

ActDescription
Tie-In SalesRequiring purchase of insurance with other products
ThreatsThreatening adverse consequences for not purchasing
IntimidationUsing position of power to force purchase
Credit CoercionMaking loans contingent on insurance purchase

Banking/Insurance Coercion

ProhibitionExample
Cannot RequireBank cannot require specific insurer for loan
Cannot ThreatenCannot threaten credit denial for declining insurance
Must DiscloseMust disclose insurance is optional

Twisting and Churning

Twisting

Twisting is misrepresenting the terms of an existing policy to induce replacement:

  • Falsely claiming existing policy is worthless
  • Misrepresenting surrender values
  • Hiding costs of replacement
  • Exaggerating benefits of new policy

Churning

Churning is excessive replacement to generate commissions.

Penalties

ViolationPotential Penalty
First offenseWarning, fine, or suspension
Repeat offenseLicense revocation
Consumer harmRestitution required

Claims Handling Requirements

New Mexico has guidelines for fair claims handling:

Required Practices

Insurers must:

  • Acknowledge claims with reasonable promptness
  • Act reasonably promptly on communications
  • Adopt reasonable standards for prompt investigation
  • Attempt in good faith to settle claims where liability is clear

Prohibited Practices

Insurers cannot:

  • Misrepresent policy provisions to claimants
  • Fail to acknowledge claims promptly
  • Deny claims without reasonable investigation
  • Delay payment to force settlement

Unfair Discrimination (NMSA 59A-16-7)

New Mexico prohibits unfair discrimination in insurance:

Prohibited Discrimination Bases

Protected ClassProhibition
RaceCannot discriminate in rates, terms, or availability
ColorCannot discriminate in rates, terms, or availability
ReligionCannot discriminate in rates, terms, or availability
National OriginCannot discriminate in rates, terms, or availability
DisabilityCannot discriminate except for actuarially justified reasons
GenderLimited health insurance restrictions
Genetic InformationCannot use for underwriting (health insurance)
Domestic Violence StatusCannot discriminate based on victim status

Permitted Underwriting Factors

Insurers MAY consider actuarially justified factors:

FactorLife InsuranceHealth Insurance
AgeYesYes (within ACA limits)
Health StatusYesNo (ACA-compliant plans)
Tobacco UseYesYes (50% max surcharge)
OccupationYesLimited
Hobbies/ActivitiesYesLimited

Exam Tip: Know the difference between prohibited unfair discrimination and permitted actuarial risk classification.

Insurance Fraud

New Mexico aggressively prosecutes insurance fraud under NMSA 59A-16C:

Types of Insurance Fraud

TypeDescription
Application FraudFalse statements on applications
Claims FraudExaggerated or fabricated claims
Premium FraudNon-payment or diversion of premiums
Agent FraudMisappropriation, forgery, unauthorized policies

Fraud Penalties

Offense LevelPenalty
MisdemeanorUp to 1 year jail + $1,000 fine
Fourth Degree Felony18 months jail + $5,000 fine
Third Degree Felony3 years jail + $5,000 fine
Second Degree Felony9 years jail + $10,000 fine

Fraud Reporting

ObligationRequirement
InsurersMust report suspected fraud to OSI
ProducersShould report suspected fraud
SIUSpecial Investigations Unit investigates
ImmunityGood faith reporters have civil immunity
Test Your Knowledge

Under which statute does New Mexico regulate unfair trade practices?

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Test Your Knowledge

Which of the following is generally PERMITTED in New Mexico insurance sales?

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B
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D
Test Your Knowledge

What is twisting in New Mexico insurance law?

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D
Test Your Knowledge

What can an insurer NOT do under New Mexico claims handling rules?

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D