A. In a matter arising from an order of the superintendent on appeal pursuant to Section 59A-18-13.3 NMSA 1978, an aggrieved party may appeal to the court of appeals.

B. The court of appeals shall consider the superintendent's order on appeal and reverse the order only if the court determines:

(1) after evaluation of the record of evidence as a whole, that the superintendent's decision was not based on substantial evidence as to whether the proposed rates are reasonable, actuarially sound and based on reasonable administrative expenses;

(2) that the superintendent's decision was arbitrary, capricious or an abuse of discretion; or

(3) that the superintendent's decision on appeal is otherwise not in accordance with law.

History: Laws 2011, ch. 144, § 8; 2013, ch. 74, § 24.

The 2013 amendment, effective March 29, 2013, provided for appeals from the decisions of the superintendent of insurance to the court of appeals; in the title, after "appeal to", changed "supreme court", to "court of appeals", and deleted "commission" and added "superintendent"; in Subsection A, after "order of the", deleted "commission" and added "superintendent", after "Section", deleted "7 of this 2011 act" and added "59A-18-13.3 NMSA 1978", after "appeal to", deleted "supreme", and after "court", added "of appeals"; in Subsection B, in the introductory sentence, deleted "supreme", after "court", added "of appeals", after "consider the", deleted "commission's" and added "superintendent's", after "reverse the", deleted "commission's" and after "reverse the order", deleted "on appeal", and after "only if the", deleted "supreme"; and in Paragraphs (2) and (3) of Subsection B, deleted "commission's" and added "superintendent's".