A. No person shall in this state directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any unauthorized insurer in solicitation, negotiation, procurement or effectuation of insurance or renewals thereof, or forwarding of applications, or delivery of policies or contracts, or inspection of risks, or fixing of rates, or investigation or adjustment of claims or losses, or collection or forwarding of premiums, or in any other manner represent or assist such insurer in transaction of insurance in this state.
B. This section shall not apply as to:
(1) matters authorized to be done by the superintendent under service of process provisions of Chapter 59A, Article 15 NMSA 1978;
(2) transactions for which certificate of authority is not required of an insurer under Section 59A-5-11 NMSA 1978;
(3) subject to Subsection B of Section 59A-5-10 NMSA 1978, insurances exempt from the surplus line law under Section 59A-14-1 NMSA 1978;
(4) insurance policies and annuity contracts in force in this state prior to the effective date of the Insurance Code, transactions as to which shall be governed by laws in force immediately prior to such effective date; or
(5) a transaction or transactions in this state involving contracts of insurance to one or more industrial insureds. For the purposes of this section, an industrial insured is an insured:
(a) which procures the insurance of any risk by the use of the services of a full-time employee acting as a risk manager or insurance manager or by utilizing the services of a regularly and continuously qualified insurance consultant;
(b) which has aggregate annual premiums for insurance on all risks of at least twenty-five thousand dollars ($25,000); and
(c) which has at least twenty-five full-time employees.
C. Violation of this section shall be subject to the general penalty provided under Section 59A-1-18 NMSA 1978.
History: Laws 1984, ch. 127, § 258; 1987, ch. 259, § 15.
Effective dates. — Laws 1984, ch. 127, § 999 made the Insurance Code effective January 1, 1985.
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