A. The servicing carriers to which the pool assigns a workers' compensation insurance risk shall issue a policy, upon the payment of the premiums, in a form and for those limits of liability that are approved by the superintendent in accordance with the Workers' Compensation Assigned Risk Pool Law; but the undertakings of any issued policy shall be fully reinsured by all of the members of the pool, and the liability of the member issuing the policy shall be limited to its liability as a reinsurer. On any workers' compensation policy so issued, all members of the pool shall be reinsurers, as among themselves, in proportion to the amount that the net direct commercial line premiums on the insurance written in this state during the corresponding calendar year by the issuing member bears to the total of commercial line premiums written in this state during the corresponding calendar year by all members of the agency, and each policy may be endorsed to reflect the plan of reinsurance described in this section.

B. The superintendent may by regulation establish an incentive program for commercial line insurers to voluntarily write small employers outside of the assigned risk pool. In establishing the program, the superintendent may provide for credits or adjustments to the net direct commercial line premium for the purposes of determining the reinsurance share described in Subsection A of this section.

History: Laws 1984, ch. 127, § 540; 1989, ch. 42, § 8; 1990 (2nd S.S.), ch. 2, § 100; 1993, ch. 201, § 3.

Cross references. — For existing forms and filings, see notes following 59A-5-21 NMSA 1978.

The 1993 amendment, effective June 18, 1993, added the Subsection "A" designation; substituted "corresponding" for "preceding" twice in the second sentence in Subsection A; and added Subsection B.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation § 465.

100 C.J.S. Workmen's Compensation § 354.