# NM Insurance Bulletin 2015-004: Interest Rate Applicable To Unpaid Claims 45 Days After Required Proof of Loss Has Been Furnished

> New Mexico · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/NM_INS_B_2015-004

## Section

- **Citation:** NM Insurance Bulletin 2015-004
- **Heading:** Interest Rate Applicable To Unpaid Claims 45 Days After Required Proof of Loss Has Been Furnished
- **Jurisdiction:** New Mexico
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** New Mexico Office of Superintendent of Insurance Bulletins / Interest Rate Applicable To Unpaid Claims 45 Days After Required Proof of Loss Has Been Furnished

## Text

# STATE OF NEW MEXICO

# OFFICE OF SUPERINTENDENT OF INSURANCE

P.O. Box 1689, Santa Fe, NM 87504-1689

1120 Paseo de Peralta, Room 428, Santa Fe, NM 87501

Phone: (505) 827-4601 - Fax (505) 827-4734

SUPERINTENDENT OF INSURANCE

John G. Franchini (505) 827-4299

![img-0.jpeg](img-0.jpeg)

ACTING DEPUTY SUPERINTENDENT

Alan Seeley (505) 827-4307

FILED

2015 FEB 12 PM 1 36

OF INSURANCE

SUPERINTENDENT

NM OFFICE OF

# BULLETIN NO. 2015-004

TO: INSURANCE COMPANIES AUTHORIZED TO TRANSACT BUSINESS OF INSURANCE IN NEW MEXICO

FROM: JOHN G. FRANCHINI, SUPERINTENDENT OF INSURANCE

DATE: FEBRUARY 12, 2015

RE: INTEREST RATE APPLICABLE TO UNPAID CLAIMS 45 DAYS AFTER REQUIRED PROOF OF LOSS HAS BEEN FURNISHED

Bulletin issued pursuant to NMSA 1978, 59A-2-8 of the New Mexico Insurance Code, and NMAC 13.1.2.8 et seq.

New Mexico Statutes Annotated NMSA 1978, 59A-16-21 (B) provides that:

B. Notwithstanding any provision of the Insurance Code, any insurer issuing any policy, certificate or contract of insurance, surety, guaranty or indemnity of any kind or nature which fails for a period of forty-five days, after required proof of loss has been furnished, to pay to the person entitled the amount justly due shall be liable for the amount due and unpaid with interest on that amount at the rate of one and one-half times the prime lending rate as determined by the [S]uperintendent, for New Mexico banks per year during the period the claim is unpaid.

Additionally, the New Mexico Administrative Code at 13.10.22.12 (O) provides that:

O. Each contract shall provide that a MHCP failing to pay a health care professional or failing to pay a covered person for out of pocket covered expenses within forty-five days after a clean claim has been received by the MHCP shall be liable for the amount due and unpaid with interest on that amount at the rate of one and one half times the rate established by a bulletin entered by the [S]uperintendent in January of each calendar year. For the purposes of this

Bulletin 2015-004
or failing to pay a covered person for out of pocket covered expenses within forty-five days after a clean claim has been received by the MHCP shall be liable for the amount due and unpaid with interest on that amount at the rate of one and one half times the rate established by a bulletin entered by the [S]uperintendent in January of each calendar year. For the purposes of this

Bulletin 2015-004

2015 Interest Rate Applicable to Unpaid Claims

section, “clean claim” means a manually or electronically submitted claim that contains all the required data elements necessary for accurate adjudication without the need for additional information from outside of the MHCP’s system and contains no deficiency or impropriety, including lack of substantiating documentation currently required by the MHCP, or particular circumstances requiring special treatment that prevents timely payment from being made by the MHCP.

For the year 2015 the interest rate is set as one and one-half times 3.25%, which is equivalent to 4.875%. This interest rate shall remain in effect until the Superintendent completes a review of the interest rate in January 2016 and issues a new bulletin.

Please direct your questions regarding this bulletin to Mrs. Kathi Padilla at (505) 827-3811, or via e-mail at Kathi.Padilla@state.nm.us.

ORDERED on February 12, 2015.

John G. Franchini,
Superintendent of Insurance

Bulletin 2015-004

2015 Interest Rate Applicable to Unpaid Claims

## Nearby sections

- [NM Insurance Bulletin 2014-002 This Bulletin hereby establishes the interest rate to be applied to unpaid claims after 45 days after required proof of loss](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2014-002.md)
- [NM Insurance Bulletin 2014-003 Excepted Benefit Plan Disclosure](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2014-003.md)
- [NM Insurance Bulletin 2014-005 Managed Health Care Insurance Cards [Repeals and Replaces Insurance Bulletin No.2011-008]](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2014-005.md)
- [NM Insurance Bulletin 2014-008 Surplus Lines Premium Tax Filings.](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2014-008.md)
- [NM Insurance Bulletin 2014-016 Interpretation and application of NMSA 1978 59A-11-3(A) and 59A-12-15](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2014-016.md)
- [NM Insurance Bulletin 2014-018 Approval of Health Insurance Forms](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2014-018.md)
- [NM Insurance Bulletin 2015-001 Legal documents being drawn by Title Companies](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2015-001.md)
- [NM Insurance Bulletin 2015-002 Procedures for filing and penalty notice and demand for failure to report or pay premium taxes and fees as required by NMSA 1](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2015-002.md)
- [NM Insurance Bulletin 2015-003 Property And Casualty Commercial Lines Insurers Doing Business In New Mexico](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2015-003.md)
- [NM Insurance Bulletin 2015-004 Interest Rate Applicable To Unpaid Claims 45 Days After Required Proof of Loss Has Been Furnished](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2015-004.md)
- [NM Insurance Bulletin 2015-005 Health “STOP LOSS” or “EXCESS BENEFIT” Insurance](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2015-005.md)
- [NM Insurance Bulletin 2015-006 Transparency of Costs to Insureds on All Health Insurance Forms](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2015-006.md)
- [NM Insurance Bulletin 2015-007 Export List](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2015-007.md)
- [NM Insurance Bulletin 2015-008 Amendment To Compensation Provided Pursuant TO NMSA 1978, Section 59A-57-4.1](https://www.frixlaw.com/law-library/statutes/NM_INS_B_2015-008.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/NM_INS_B_2015-004. Check the current official text before relying on it. Not legal advice.
