New Mexico § 59A-16-23 False applications, claims, proofs of loss

New Mexico Statutes

§ 59A-16-23 — False applications, claims, proofs of loss

New Mexico § 59A-16-23

Ch. 59AInsurance Code

Art. 16Trade Practices and Frauds

This text of New Mexico § 59A-16-23 (False applications, claims, proofs of loss) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 59A-16-23 (2026).

Text

A. An agent, broker, solicitor, examining physician, applicant or other person shall not knowingly or willfully:

(1)make a false or fraudulent statement or representation as to a material fact in or with reference to an application for insurance or other coverage;

(2)for the purpose of obtaining money or benefit, present or cause to be presented a false or fraudulent claim or proof in support of such a claim for payment of loss under a policy;

(3)prepare, make or subscribe a false or fraudulent account, certificate, affidavit or proof of loss or other document with intent that the same may be presented or used in support of such a claim; or (4) make a false or fraudulent statement or representation on or relative to an application for a policy for the purpose of obtaining a fee, commiss

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A. An agent, broker, solicitor, examining physician, applicant or other person shall not knowingly or willfully: (1) make a false or fraudulent statement or representation as to a material fact in or with reference to an application for insurance or other coverage; (2) for the purpose of obtaining money or benefit, present or cause to be presented a false or fraudulent claim or proof in support of such a claim for payment of loss under a policy; (3) prepare, make or subscribe a false or fraudulent account, certificate, affidavit or proof of loss or other document with intent that the same may be presented or used in support of such a claim; or (4) make a false or fraudulent statement or representation on or relative to an application for a policy for the purpose of obtaining a fee, commission or benefit from an insurer, agent, broker or individual. B. A false statement or representation made under oath shall constitute and be punishable as perjury. A violation of the provisions of this section when the purported loss or potential loss to the victim insurer is: (1) two hundred fifty dollars ($250) or less is a petty misdemeanor; (2) over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is a misdemeanor; (3) over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is a fourth degree felony; (4) over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is a third degree felony; or (5) over twenty thousand dollars ($20,000) is a second degree felony.