New Mexico Administrative Code
Title 13 - INSURANCE
Chapter 9 - LIFE INSURANCE AND ANNUITIES
Part 8 - VARIABLE LIFE INSURANCE
Section 13.9.8.8 - LICENSING AND APPROVAL TO DO BUSINESS IN THIS STATE

Universal Citation: 13 NM Admin Code 13.9.8.8

Current through Register Vol. 35, No. 6, March 26, 2024

An insurer shall not deliver or issue for delivery in this state any variable life insurance policy unless:

A. The insurer is licensed or organized to do a life insurance business in this state.

B. The insurer has obtained the written approval of the superintendent for the issuance of variable life insurance policies in this state. The superintendent shall grant such written approval only after he has found that:

(1) the plan of operation for the issuance of variable life insurance policies is not unsound;

(2) the general character, reputation, and experience of the management and those persons or firms proposed to supply consulting, investment, administrative, or custodial services to the insurer are such as to assure reasonably competent operation of the variable life insurance business of the insurer in this state; and

(3) the present and foreseeable future financial condition of the insurer and its method of operation in connection with the issuance of such policies is not likely to render its operation hazardous to the public or its policyholders in this state. The superintendent shall consider, among other things:
(a) the history of operation and financial condition of the insurer;

(b) the qualifications, fitness, character, responsibility, reputation, and experience of the officers and directors and other management of the insurer and those persons or firms proposed to supply consulting, investment, administrative, or custodial services to the insurer;

(c) the applicable law and regulations under which the insurer is authorized in its state of domicile to issue variable life insurance policies; the state of entry of an alien insurer shall be deemed its state of domicile for this purpose; and

(d) if the insurer is a subsidiary of, or is affiliated by common management or ownership with another company, its relationship to such other company and the degree to which the requesting insurer, as well as the other company, meet these standards.

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