N.M. Admin. Code § 13.5.2.8 - CLAIM FILING PROCEDURE

If requested, any of the following documents sustaining a claim must be submitted to the receiver or ancillary receiver before the claim will be considered.

A. Original policies, other contracts of insurance or other satisfactory proof of coverage, if the claim is made by the insured.

B. A certified copy of the judgment, if the claim is based upon a judgment.

C. A dismissal with prejudice of any pending legal action, if the claim is in suit, unless the claim is made contingent upon the result of this action. The dismissal will be filed upon approval of the claim by the court.

D. A full or partial release, both as to the insured and the company, if the claim is made by a third party in connection with a matter not in suit. The release will be effective upon approval of the claim by the court.

E. Detailed invoices covering claims for services, advertising, supplies, legal or adjusting services, etc. The original contract must be submitted with all claims based upon contracts other than insurance contracts. If the contract is oral, the claimant must supply the name of the person who acted for the company, the date of the conversation, the identity of all parties to the conversation, and a detailed description of the content of the conversation.

F. Proof of authority satisfactory to the receiver or ancillary receiver must be submitted to support claims filed by receivers, administrators, assignees, attorneys-in-fact, agents and guardians.

G. Any other relevant documentation the receiver or ancillary receiver may request.

H. Name and address of claimant. All notices regarding claims and all dividends, if any, may be sent to the address shown on the proof of claim unless other written instructions are given.

Notes

N.M. Admin. Code § 13.5.2.8

7/1/97; Recompiled 11/30/01