What does the Office of Superintendent of Insurance do?
We ensure compliance of Insurance Statutes and Regulations under the New Mexico Insurance Code by all Insurance Companies, Agents, Adjusters, Third Party Administrators, and other insurance industry staff operating within the State.
We provide consumers and the insurance company staff members with information regarding the policies and procedures involving insurance within New Mexico.
In assisting consumers, the Consumer Assistance Bureau accepts complaints who are having difficulty in dealing with insurance companies regarding policy applications, binding of policies, claim handling and other matters involving insurance.
Consumer Assistance Bureau processes most complaints forwarded to the Division including all Homeowners Insurance, Automobile Insurance, and Life Insurance. All inquiries or general questions pertaining to these types of insurance should be referred to the Insurance Assistance Bureau at 505-827-4601. File a Home, Auto and Life Insurance Complaint here.
The Bureau is also charged with regulating the New Mexico Service Warranty Act, which regulates aftermarket warranties/guarantees for both homeowners and automobile policyholders. Inquiries involving the Service Warranty Act should be referred to the Insurance Complaint Unit at 505-827-4601.
Managed Health Care processes all complaints involving HMO and PPO plans licensed to conduct business within New Mexico. The Managed Health Care Bureau may be reached at 855-427-5674. File a Managed Healthcare Complaint here.
Workers' Compensation Bureau
The Workers’ Compensation Bureau assists the Superintendent administrating and
enforcing New Mexico laws regarding workers’ compensation coverage written
through insurance companies. Specifically, the Bureau focuses on responding to
questions and complaints from employers relating to workers’ compensation
payroll audits, experience modifiers, job classifications, and premium
determinations. The Bureau also approves employee Safety Bonus Programs,
supervises the Assigned Risk Pool and works with the Workers’ Compensation
Appeal Board. Workers' Compensation Bureau can be contacted at 505-827-4528. File a Worker's Compensation Complaint here.
The Consumer Assistance Bureau investigates complaints in a two-fold process, first we attempt to resolve any outstanding issues for the consumer and secondly, we determine if a violation of the New Mexico Statutes or the New Mexico Insurance Code has occurred. If a violation has been identified, the file is referred to the appropriate enforcement section.
The Office of Superintendent of Insurance Cannot:
Act as your personal adjuster or lawyer.
Provide legal advice.
Resolve a complaint or dispute when the consumer is represented by an attorney or if a lawsuit has been filed.
Recommend an insurance company or agent.
Identify any specific insurance company with who a particular person may have a policy.
Make liability decisions, including comparative negligence disputes or determine who was at fault.
Determine damage or repair amounts nor can we determine value of vehicles deemed a total loss.
Make medical judgments.
Before filing a complaint we suggest:
Contact the insurance company, agent or adjuster involved and bring the issue to their attention. Document your phone calls by obtaining the name and phone number of the party you are speaking with as well as the date and time of the call. Include a brief summary of the call.
Keep copies of all written communications between yourself and the insurance company.
If you are unsatisfied with the results, contact the Consumer Assistance Bureau for information or further assistance.
How to file a Complaint:
Complete the Insurance Complaint Form with pertinent information.
Complaints can be submitted in writing and returned by emailed, faxed or delivered in person.
You may provide copies of any documents that will support your position or will assist us in our investigation. (Retain the original documents for your records)
Based on the type and complexity of your complaint, we may send the involved insurance company a formal written notice or contact the company by phone. If a formal written notice is forwarded, the insurance company has ten (10) business days to respond.
Upon receiving the information from the company, the Bureau will attempt to resolve your complaint within our authority and will provide you of the results of our investigation. In some instances the Bureau will not be in a position to provide a consumer with the results they request at which time the consumer may wish to seek the advice of an attorney to pursue the matter further.
Staff with email
Office of Superintendent of Insurance
Consumer Assistance Bureau
PO Box 1689