New Mexico § 52-3-9 - Filing insurance under the New Mexico Occupational Disease Disablement Law

§ 52-3-9. Filing insurance under the New Mexico Occupational Disease Disablement Law

A. Every employer subject to the New Mexico Occupational Disease Disablement Law shall

file in the office of the director evidence of workers' occupational disease disablement

insurance coverage in the form of a certificate containing that information required

by regulation of the director. The required certificate must be provided by an authorized insurer as defined in Section 59A-1-8 NMSA 1978 . In case any employer is able to show to the satisfaction of the director that he

is financially solvent and that providing insurance coverage is unnecessary, the director

shall issue him a certificate to that effect, which shall be filed in lieu of the

certificate of insurance. The director shall provide by regulation the procedures for reviewing, renewing

and revoking any certificate excusing an employer from filing a certificate of insurance,

including provisions permitting the director to condition the issuance of the certificate

upon the employer's proving adequate security. B. Any certificate of the director filed under the provisions of this section shall

show the post office address of that employer. C. Every contract or policy insuring against liability for workers' occupational disease

disablement benefits or certificate that is filed under the provisions of this section

shall provide that the insurance carrier or the employer shall be directly and primarily

liable to the worker and, in event of his death, his dependents, to pay the compensation

for which the employer is liable. D. In the event of an insurance policy cancellation, the occupational disease disablement

insurance carrier shall file notice with the director within ten days of such cancellation

on a form approved by the director.