New Mexico Administrative Code
Title 13 - INSURANCE
Chapter 4 - LICENSING OF INSURANCE PROFESSIONALS
Part 2 - RESIDENT PRODUCERS AND OTHER RESIDENT LICENSES
Section 13.4.2.15 - LICENSING OF LIMITED LINES RENTAL CAR INSURANCE PRODUCERS AND ENDORSEES
Universal Citation: 13 NM Admin Code 13.4.2.15
Current through Register Vol. 35, No. 18, September 24, 2024
A. License required.
(1) No rental car company
nor its officers, director, employees or agents shall offer, sell, bind,
effect, solicit or negotiate the purchase of rental car insurance unless that
company is licensed as an insurance producer pursuant to Section
59A-32A-1 et seq.
NMSA 1978.
(2) A rental car company
may only act on behalf of an insurer that is authorized to write such insurance
in this state.
(3) Rental car
insurance may not be offered, except in connection with and incidental to a
rental agreement.
(4) Neither a
rental car insurance producer nor an endorsee shall represent itself as
qualified or licensed as an insurance producer beyond the scope of the
limitations set forth in Subsection B of Section
59A-32A-7
NMSA 1978.
(5) A rental car company
may not compensate any person, including any of its employees, based solely on
placement of rental car insurance.
B. Rental car insurance producer license requirements.
(1) All
applicants for rental car insurance producer licenses shall comply with the
provisions of
13.4.2.10
NMAC for business entities.
(2) The
application shall include a list of all the locations within the state where
the rental car insurance producer intends to offer, sell, bind, effect, solicit
or negotiate rental car insurance.
(3) The rental car insurance producer license
application shall include:
(a) a certificate
filed by an insurer indicating that the insurer has reviewed the applicant's
training program and believes that it satisfies the requirements of Subsection
D of 59A-32A-5 NMSA 1978; and
(b)
the insurer intends to appoint the applicant to act as its rental car insurance
producer if a license is granted to the applicant by the
superintendent.
(4) A
rental car insurance producer shall be responsible for establishing a training
program for its employees that satisfies the requirements of Subsection D of
Section
59A-32A-5
NMSA 1978. The program shall be submitted to and approved by the superintendent
prior to its use.
(5) At the time
of application, a rental car insurance producer license applicant shall
establish, in a format prescribed by the superintendent, a list of its
endorsees that also identifies a manager or supervisor for each of the
applicant's locations. The list shall be updated quarterly and retained for
three years by the applicant. The list shall be provided to the superintendent
for inspection upon request.
(6) A
rental car insurance producer shall ensure that the actions of its endorsees
are properly supervised at all of its locations and shall be held responsible
for the actions of its endorsees.
C. Rental car insurance endorsee requirements.
(1) An endorsee shall be
at least 18 years of age and an employee of a rental car insurance
producer.
(2) An endorsee shall
complete the rental car insurance producer's approved training program prior to
transacting any rental car insurance.
(3) An endorsee shall act on behalf of the
rental car insurance producer under the direct supervision of the manager or
supervisor at the location where employed.
(4) An endorsee's authorization expires upon
termination of employment with the rental car insurance producer.
(5) The rental car insurance endorsee may
offer, sell, bind, effect, solicit or negotiate rental car insurance on behalf
of the rental car insurance producer subject to the above provisions and
additional provisions set forth in Section
59A-32A-1 et seq.
NMSA 1978.
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