New Mexico § 59A-16B-5 Justification of adverse insurance underwriting

New Mexico Statutes

§ 59A-16B-5 — Justification of adverse insurance underwriting

New Mexico § 59A-16B-5

Ch. 59AInsurance Code

Art. 16BDomestic Abuse Insurance Protection

This text of New Mexico § 59A-16B-5 (Justification of adverse insurance underwriting) 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-16B-5 (2026).

Text

decisions. An insurer that takes an underwriting action that adversely affects a victim of domestic abuse on the basis of a medical condition, claims history or other underwriting information that the insurer knows is abuse-related shall explain the reason for its action to the applicant or insured in writing and, upon request, shall be able to demonstrate that its action and any applicable plan provision: A. does not treat abuse status as a medical condition or underwriting criterion; B. is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar condition or claims history without regard to whether the condition, history or claim is abuse-related; and C. is based on a determination, made in conformance with sound act

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decisions. An insurer that takes an underwriting action that adversely affects a victim of domestic abuse on the basis of a medical condition, claims history or other underwriting information that the insurer knows is abuse-related shall explain the reason for its action to the applicant or insured in writing and, upon request, shall be able to demonstrate that its action and any applicable plan provision: A. does not treat abuse status as a medical condition or underwriting criterion; B. is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar condition or claims history without regard to whether the condition, history or claim is abuse-related; and C. is based on a determination, made in conformance with sound actuarial principles and supported by reasonable statistical evidence, or related to actual or reasonably anticipated experience, that there is a correlation between the medical condition, claims history or other underwriting information and a material increase in insurance risk.