1. A. Service of process against an insurer for whom the superintendent is attorney shall be made by delivering by email to the superintendent, or the superintendent's designee, an electronic copy of the process together with the fee specified in Section 59A-6-1 NMSA 1978, taxable as costs in the action.
2. B. Upon such service the superintendent shall deliver such process showing the date and time of service on the superintendent, to the email or electronic portal address of the person currently designated by the insurer to receive such process as provided in Section 59A-5-31 NMSA 1978. Service of process on the insurer shall be complete upon such electronic delivery of the process.
3. C. Process served as provided in this section shall for all purposes constitute valid and binding personal service within this state upon the insurer. If summons is served under this section, the time within which the insurer is required to appear shall be extended an additional ten days beyond that otherwise allowed by New Mexico rules of civil procedure.
4. D. The superintendent shall keep record of the day and time of service of legal process under this section.
5. E. If the electronic delivery requirements of this section create a hardship for any person serving an insurer pursuant to this subsection, that person shall deliver to the superintendent or the superintendent's designee two copies of the process together with the fee specified in Section 59A-6-1 NMSA 1978, taxable as costs in the action. Upon such service, the superintendent shall deliver the process to the insurer as provided in Subsection B of this section.

History: Laws 1984, ch. 127, § 99; 2021, ch. 108, § 5.

ANNOTATIONS

Cross references. — For New Mexico Rules of Civil Procedure, see Rule 1-001 NMRA et seq.

The 2021 amendment, effective July 1, 2021, provided that service of process against an insurer shall be made electronically, unless electronic service of process creates a hardship, and provided that the superintendent shall electronically deliver such process to the person designated by the insurer to receive such process, in Subsection A, after "delivering", added "by email", after "superintendent", deleted "his deputy, or a person in apparent charge of the office during the superintendent's absence, two (2) copies" and added "or the superintendent's designee, an electronic copy", after "Section", changed "101 (fee schedule) of the Insurance Code" to "59A-6-1 NMSA 1978"; in Subsection B, after "superintendent shall", deleted "forthwith forward by prepaid registered or certified mail return receipt requested one of the copies of" and added "deliver", after "service on the superintendent, to", added "the email or electronic portal address of", after "Section", changed "98 (appointment of superintendent as process agent) of this article" to "59A-5-31 NMSA 1978", and after "shall be complete upon", deleted "receipt, or, in the event of refusal to accept, the date of such refusal" and added "such electronic delivery of the process"; and added Subsection E.

No service fee for state. — Fee required in connection with service of process cannot be taxed and assessed against the state. 1933 Op. Att'y Gen. No. 33-704.

Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Foreign insurance company as subject to service of process in action on policy, 44 A.L.R.2d 416.

44 C.J.S. Insurance §§ 82 et seq.