A. In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this article, such credits and debts shall be set off and the balance only shall be allowed or paid, except as provided in Subsection B of this section.

Terms Used In New Mexico Statutes 59A-41-45

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

B. No offset shall be allowed in favor of any such person where:

(1)     the obligation of the insurer to such person would not at the date of entry of any liquidation order, or otherwise, as provided in Section 722 [59A-41-30 N.M. Stat. Ann.] of this article entitle him to share as a claimant in the assets of the insurer; or

(2)     the obligation of the insurer to such person was purchased by or transferred to such person with a view to its being used as an offset;

(3)     the obligation of such person is to pay an assessment levied against the members of a mutual insurer, or against the subscribers of a reciprocal insurer, or is to pay a balance upon a subscription to the capital stock of a stock insurer; or

(4)     the obligation of the person is to pay premiums, whether earned or unearned, to the insurer.

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