Key Takeaways

  • New Mexico has adopted the Unfair Insurance Practices Act under NMSA 59A-16
  • Rebating is prohibited under New Mexico law with limited exceptions
  • Twisting and churning are prohibited replacement practices
  • The Superintendent of Insurance has enforcement authority
  • Insurers must handle claims fairly and promptly
Last updated: January 2026

Unfair Trade Practices

New Mexico has adopted comprehensive unfair trade practices regulations under Chapter 59A, Article 16 of the New Mexico Statutes Annotated.

Unfair Insurance Practices Act

New Mexico prohibits various unfair or deceptive practices in the insurance industry.

Misrepresentation

Producers and insurers are prohibited from:

  • Making false statements about policy terms or benefits
  • Misrepresenting the financial condition of an insurer
  • Using misleading policy illustrations
  • Making false statements about competitors
  • Misrepresenting the nature of the insurance transaction

False Advertising

New Mexico prohibits deceptive insurance advertising:

  • Ads must be truthful and not misleading
  • Must clearly identify as insurance advertisement
  • Cannot use testimonials that are not genuine
  • Cannot imply government endorsement
  • Must include insurer's name

Rebating

Rebating is offering inducements not specified in the policy to purchase insurance:

What Is Prohibited

  • Returning part of premium to insured
  • Offering gifts or prizes of significant value
  • Paying for referrals to individuals
  • Sharing commission with non-licensed persons

Limited Exceptions

New Mexico allows:

  • Dividends specified in policy
  • Legitimate marketing items of nominal value
  • Group premium discounts
  • Premium financing arrangements

Exam Tip: Rebating is generally prohibited in New Mexico. Remember the limited exceptions.

Twisting and Churning

Twisting

Twisting is misrepresenting the terms of an existing policy to induce replacement:

  • Falsely claiming existing policy is worthless
  • Misrepresenting surrender values
  • Hiding costs of replacement
  • Exaggerating benefits of new policy

Churning

Churning is excessive replacement to generate commissions.

Penalties

ViolationPotential Penalty
First offenseWarning, fine, or suspension
Repeat offenseLicense revocation
Consumer harmRestitution required

Claims Handling Requirements

New Mexico has guidelines for fair claims handling:

Required Practices

Insurers must:

  • Acknowledge claims with reasonable promptness
  • Act reasonably promptly on communications
  • Adopt reasonable standards for prompt investigation
  • Attempt in good faith to settle claims where liability is clear

Prohibited Practices

Insurers cannot:

  • Misrepresent policy provisions to claimants
  • Fail to acknowledge claims promptly
  • Deny claims without reasonable investigation
  • Delay payment to force settlement

Unfair Discrimination

New Mexico prohibits unfair discrimination in insurance based on race, religion, national origin, and disability.

Test Your Knowledge

Under which statute does New Mexico regulate unfair trade practices?

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B
C
D
Test Your Knowledge

Which of the following is generally PERMITTED in New Mexico insurance sales?

A
B
C
D
Test Your Knowledge

What is twisting in New Mexico insurance law?

A
B
C
D
Test Your Knowledge

What can an insurer NOT do under New Mexico claims handling rules?

A
B
C
D