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Section 59A-41-11 - "Insolvency" defined.

NM Stat § 59A-41-11 (2019) (N/A)
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"Insolvency" exists as to:

A. any organization, when it is unable to meet its obligations as they mature; or

B. a stock insurer or other stock corporation, when its assets are in amount less than its liabilities, exclusive of paid-in capital stock; or

C. a mutual, reciprocal, or foreign Lloyds insurer, when its assets are in amount less than its liabilities exclusive of the minimum paid-in basic capital required under Section 83 [59A-5-16 NMSA 1978] of the Insurance Code for its authority to transact insurance; or

D. a domestic Lloyds insurer, nonprofit health care plan, prepaid dental care plan, motor club, or other corporation other than any referred to in Subparagraphs B or C, above, when its assets are in amount less than its liabilities, exclusive of surplus, guaranty fund or deposit required to be maintained under the Insurance Code for its authority to transact insurance in this state.

History: Laws 1984, ch. 127, § 703.

Cross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.

Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes insolvency of insurance company justifying state dissolution proceedings and the like, 17 A.L.R.4th 16.

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Section 59A-41-12 - "Preferred claim" defined.