44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO INSURANCE; AMENDING A SECTION OF THE NMSA 1978 TO CHANGE PROVISIONS FOR DELINQUENCY CHARGES ON PREMIUM FINANCE AGREEMENT INSTALLMENT PAYMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 59A-45-10 NMSA 1978 (being Laws 1984, Chapter 127, Section 841) is amended to read:

"59A-45-10. DELINQUENCY CHARGES.--A premium finance agreement may provide for the payment by the insured of a delinquency charge on each installment in default for a period of more than ten [(10)] days and in an amount not to exceed five percent of each installment, or five dollars [($5)] ($5.00), whichever is less, or in lieu thereof, interest after maturity of each such installment not to exceed the highest lawful contract rate; except that with respect to agreements financing coverages for other than personal, family or household purposes, the delinquency charge shall be any amount agreed to by the parties. In addition, such contract may provide for the payment of an attorney's reasonable fee, where it is referred for collection to an attorney not a salaried employee of the person to whom the installment payment is due, and for court costs and disbursements."