New Mexico Insurance Exam Guide

New Mexico Adjuster Insurance Exam 2026

New Mexico licenses three kinds of adjuster in a single article, and it licenses the staff adjuster too — so the exemption you may be relying on from a neighboring state probably does not exist here. It requires no prelicensing course and no professional designation, but it examines you on one of five instruments and gives you a perpetual license that runs on your birth month and dies after one year of neglect. The rules that will actually catch you sit outside the licensing article: a workers' compensation licensing hook that applies regardless of where you are sitting, a surety bond the legislature narrowed in 2023 while the regulation still says otherwise, an express private right of action that third parties can use, and a residential property statute that forbids deducting depreciation at all.

Last verified August 2026 • Reviewed by Matt Williams •OSI

70%
to pass
Passing Score
50
questions
Exam Length
None
required
Pre-Licensing
PSI
administers
Exam Provider

What This License Is

New Mexico licenses three kinds of adjuster inside a single article — NMSA Chapter 59A, Article 13. The independent adjuster works for insurers but is not their employee. The staff adjuster is a salaried employee of an insurer. The public adjuster works for the policyholder, and acts solely in relation to first-party claims on real or personal property.

⚠️ Staff adjusters ARE licensed in New Mexico. This is the first thing to un-learn if you studied in a neighboring state. 59A-13-7 is explicit: "Separate licenses shall be required for independent adjusters and staff adjusters, but the same individual may be so separately licensed as both." Many states exempt the salaried company employee entirely. New Mexico does not.

Article 13 is not the whole of your obligations. 59A-13-1 is a scope clause that sends you elsewhere: "As to licensing procedures, issuance, duration, suspension, revocation or refusal to continue license in general, refer to Article 11 of the Insurance Code." Renewal mechanics, the perpetual-license rule and the late-continuation window all live in Article 11, not Article 13.

The regulatory layer is NMAC Title 13, Chapter 4, Part 8 — nineteen sections covering licensing, conduct, records, emergency authority and advertising. ⚠️ Part 8 has no continuing-education section at all — CE lives in NMAC 13.4.7 and reaches you through a cross-reference in 13.4.8.13(A).

⚠️ The powers section confers nothing. 59A-13-8 reads like a grant of authority and is actually a delegation rule: an independent adjuster has "the powers granted by its principal," a staff adjuster "only such powers … as granted by the adjuster's employer." Every power you have traces back to whoever hired you — and the section conspicuously does not mention public adjusters at all.

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Four instruments, and none of them is a superset
To know your obligations you must read NMSA Article 13, NMSA Article 11, NMAC 13.4.8 and NMAC 13.4.7. The statute contains duties the rule omits; the rule contains duties the statute omits. A candidate who studies only the statute will miss the ban on advancing money to a claimant and the ban on contacting a represented claimant. A candidate who studies only the rule will miss the three-business-day public-adjuster rescission right.

Who Needs a License

Start from the definitions in 59A-13-2, because they do the real work. An independent adjuster is "an adjuster who is not a staff adjuster or a public adjuster" — a residual category, defined by what it is not, and it expressly includes a representative and an employee of an independent adjuster. A staff adjuster is "a salaried employee of an insurer or affiliate of the employer insurer, representing and adjusting claims solely under the authority of the employer insurer."

A public adjuster acts "solely in relation to first-party claims arising under insurance contracts that insure the real or personal property of the insured, on behalf of an insured." ⚠️ Read the two limits in that sentence. New Mexico's public adjuster is confined to first-party claims and to property claims. A public adjuster has no role on a liability claim and no role on a bodily-injury claim — and 13.4.8.19(D) separately forbids soliciting "on a bodily injury loss covered by a life, health, or accident insurance policy."

The same individual may hold more than one license. 59A-13-7 permits independent and staff licensure simultaneously. What you may not do is combine the public-adjuster role with the others on the same claim — the conflict rules in 59A-13-14 and 13.4.8.14(B)(1) forbid representing an insured while representing the carrier the claim is against.

⚠️ New Mexico has no prelicensing course requirement. This is a real absence, not an oversight in your reading. It was proved by enumerating all of 59A-13-1 through 59A-13-17 and all nineteen sections of NMAC 13.4.8 — no prelicensing-education provision appears in either. Do not confuse this with continuing education, which very much exists.

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The definition is the exam question
New Mexico's adjuster definitions are drafted as a closed set: public adjuster and staff adjuster are defined affirmatively, and independent adjuster is whatever is left over. If a fact pattern does not fit staff (salaried employee of the insurer) or public (first-party property, on behalf of the insured), the answer is independent — including a mere representative or employee of an independent adjuster.

The Extraterritorial Hook

This is the most missable rule in the state, and it is the one most likely to catch a working adjuster off guard.

The ordinary question an adjuster asks is where am I sitting? New Mexico asks a different question. 59A-13-3 reaches conduct by its subject matter, not by the adjuster's location — "No person, regardless of location …" — with respect to workers' compensation claims arising in New Mexico.

⚠️ The consequence: handling a New Mexico workers' compensation claim from a desk in another state can require a New Mexico license. An adjuster who never sets foot in the state, working a file that never leaves their screen, can be inside the licensing requirement. That inverts the usual where-you-sit analysis, and it is invisible to anyone who reads only the definitions section.

Pair this with the emergency provision. New Mexico did not build a blanket catastrophe exemption for out-of-state adjusters; it built a formal authorization that a New Mexico-licensed sponsor must request. The state's overall posture on out-of-state adjusters is permissive in outcome and formal in procedure — the opposite of a self-registration regime.

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Read the subject matter, not the map
Most licensing triggers are geographic: you need a license where you are, or where the insurer is. New Mexico's workers' compensation hook is subject-matter based and expressly says 'regardless of location.' If the claim is a New Mexico comp claim, ask the licensing question — no matter where the adjuster, the employer or the carrier sits.

The Emergency Authorization

Most states meet a catastrophe with an exemption: a declared disaster suspends the licensing requirement for a period, and out-of-state adjusters self-register. ⚠️ New Mexico does the opposite. Nothing self-executes. 59A-13-6 and NMAC 13.4.8.18 build a request-and-approval mechanic.

Only an insurer, or a New Mexico-licensed public adjuster, may apply. An individual out-of-state adjuster cannot self-register — a licensed New Mexico sponsor must request authority on their behalf. The filing must name the nature of the emergency and the affected region; list each adjuster with name, home address, the last four digits of the ITIN or Social Security number, national producer number, home state and contract effective date; and name a designated responsible individual with an NPN and a New Mexico license number.

Then the state makes it frictionless. The request is deemed approved if the superintendent does not disapprove it within three business days, and the sponsor may begin employing the adjusters while the decision is pending. Authority runs ninety days following the emergency, is limited to claims arising from that emergency, and is extendable on request with no stated cap. No fee, no bond, and no New Mexico license is issued — this is authority to employ, held by the sponsor.

⚠️ Note what is not there. Neither the statute nor the rule requires a gubernatorial, presidential or superintendent-issued declaration, and neither defines "emergency." The trigger is simply "an emergency requiring the immediate expansion of adjuster services." The real gatekeeper is the three-business-day disapproval window. Contrast the public-adjuster fee cap, which does require a declared catastrophe — two provisions in the same rule part, one needing a declaration and one not.

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The subsection captioned 'Denial' contains no denial procedure
NMAC 13.4.8.18(D) is captioned 'Denial' but sets out no notice, no procedure and no appeal. It is a bare eligibility prohibition: an insurer or public adjuster may not use emergency adjusters who hold no home-state or designated-home-state license. Do not read the caption as describing a process. Note also that the rule extends to a 'designated home state' while the statute says only 'home state' — the rule is broader than its parent.

Public Adjusters: The Separate Regime

The public adjuster carries obligations no other New Mexico adjuster carries, and the differences are precise.

The bond is yours alone. 59A-13-5 requires a $10,000 surety bond "in favor of the superintendent" — and since Laws 2023, ch. 151, it binds public adjusters only. ⚠️ Note the asymmetry in what it secures: it is "conditioned to pay actual damages resulting to the state of New Mexico or any member of the public in New Mexico" — the beneficiary class is broader than the obligee. The bond must be written by an authorized surety insurer, may be canceled by the surety on 30 days' notice, and — since 2023 — there is no cash-bond alternative; the former subsection permitting one was deleted outright.

The contract is prescribed. 59A-13-15 sets out eleven mandatory contract terms, including the OSI license number. ⚠️ 59A-13-15(F) is a kill switch: a policy-limits offer made within 72 hours cuts off the public adjuster's compensation on that amount. And 13.4.8.17(D)(2) forbids taking any fee, retainer or deposit before settlement, with fees distributed proportionally across insurer checks.

⚠️⚠️ The 10% fee cap applies only on a declared catastrophe. 13.4.8.17(D)(5) caps public-adjuster compensation at ten percent — but the cap is switched on by a catastrophic disaster declared by the U.S. President, the Governor, or the Superintendent (13.4.8.7(D)). Absent a declaration there is no percentage ceiling in New Mexico — only disclosure. This is the single most likely trap in the public-adjuster material.

Funds and records. 59A-13-16 requires settlement funds held for an insured to sit in a non-interest-bearing escrow or trust account — ⚠️ the inverse of the interest-bearing norm. And 59A-13-17(B) requires records kept at least five years after the transaction terminates, versus three years for the independent adjuster under 59A-13-10(B). Two adjacent sections, two different numbers.

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The rule still says independent adjusters must bond. The statute says they do not.
NMAC 13.4.8.11(A) was re-promulgated effective 1 April 2025 — eighteen months after the statute was narrowed — and still requires a bond of 'an independent or public adjuster.' NIPR repeats the error on its resident page while stating it correctly on its non-resident page. The statute controls, and OSI's own current instructions say only public adjusters bond. But if you check the NMAC alone, you will get this wrong.

The Exam

ExamQuestionsTime
NM Public Adjuster (series 18-39) 50 scored (5-10 unscored pretest items added) 1 hour
NM Independent and Staff Adjuster — P/C and W/C (series 18-40) 50 scored (5-10 unscored pretest items added) 1 hour
NM Independent and Staff Adjuster — P/C excluding WC (series 18-41) Not published by OSI — confirm with PSI Not published by OSI — confirm with PSI
NM Independent and Staff Adjuster — Public Entity (series 18-58) Not published by OSI — confirm with PSI Not published by OSI — confirm with PSI
NM Independent and Staff Adjuster — W/C (series 18-59) Not published by OSI — confirm with PSI Not published by OSI — confirm with PSI

The vendor is PSI. OSI states it operatively: "Office of Superintendent of Insurance has contracted with PSI to conduct its examination program." Register at the PSI New Mexico portal or by phone; the examination fee is $75, is not refundable or transferable, and is valid for one year from the date of payment.

⚠️ New Mexico used Prometric historically, and the old Prometric bulletin is still live on the internet. It is self-stamped effective April 2019 and is superseded. The tell is the series numbering: Prometric used 1840 / 1839; PSI uses 18-40 / 18-39.

⚠️ There are five adjuster exams, not one. 18-39 Public Adjuster · 18-40 Independent and Staff Adjuster, P/C and W/C · 18-41 Independent and Staff Adjuster, P/C excluding WC · 18-58 Independent and Staff Adjuster, Public Entity · 18-59 Independent and Staff Adjuster, W/C. Spanish-language versions exist. The exam merges independent and staff into one instrument per line of authority; the public adjuster is examined separately.

18-39 and 18-40 each run 50 scored questions in one hour. PSI adds "a small number (5 to 10) of 'experimental' questions," so you will see roughly 55 to 60 items and 50 of them will count. OSI does not publish question counts or time limits for series 18-41, 18-58 and 18-59 — confirm those with PSI before you sit one.

The passing score is 70%. PSI's operative sentence is exactly this: "You must get 70% correct to pass." ⚠️ No scaling language appears anywhere in either PSI bulletin — the words "scale" and "scaled score" do not occur. OSI independently says "a minimal score of 70." Treat it as stated: a raw seventy percent.

No prelicensing course is required, and PSI says so directly: "OSI does not specify an official study manual, nor are you required to take a pre-licensing study course."

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Fingerprints gate the license, not the exam
Nothing in the PSI bulletin conditions sitting the exam on a background check. The sequence runs the other way: pass the exam, then submit fingerprints through IdentoGO using OSI service code 2BH27J. Results take three to five days and are valid for only 90 days, and NMAC 13.4.8.9(G)(7) bars approval until they are back. Fingerprints are required of resident applicants only — unless a nonresident designates New Mexico as their home state.

When the Exam Is Waived

The requirement itself is in 59A-13-3.1(A): "An individual applying for a license as an adjuster shall, prior to issuance of a license, personally take and pass a written examination."

The statute waives it in two cases — 59A-13-3.1(E): for renewal or continuation of an existing license, and where "the applicant took and passed a similar examination in a state in which the applicant is already licensed."

The rule adds five, at NMAC 13.4.8.12(B): licensed in New Mexico as an adjuster before 1 July 2017, unless lapsed or terminated; passed an equivalent exam and holds the same license type in a reciprocal state, where that license is current or the application arrives within 90 days of cancellation with NAIC good-standing records; renewal or continuance, unless the superintendent orders otherwise; New Mexico relicensure within one year for the same types — but not if previously suspended, revoked, terminated or refused, and not if no New Mexico exam was ever passed; and a nonresident licensed by designating a home state that requires a written exam and is reciprocal.

⚠️ There is no designation-based waiver. AIC, CPCU, SCLA and AINS earn you nothing here. That negative was proved by enumerating 59A-13-1 through 59A-13-17 and NMAC 13.4.8.1 through 13.4.8.19 — no professional-designation waiver appears in either universe.

Nonresidents. Under 13.4.8.9(G)(4)–(5), the superintendent confirms the applicant holds an active resident or designated-home-state license in a state that requires an examination. And a useful cross-qualification: "A nonresident who has an active staff adjuster license shall qualify for an independent adjuster license upon proper application" — and the reverse.

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New Mexico rejects eight states as a designated home state
Bulletin 2024-019 accepts AL, AR, FL, ID, IN, KY, LA, MN, MT, NH, NC, NV, OK, TX, UT, WA, WV and WY as a designated home state — and rejects AZ, CT, HI, ME, MI, NY, SC and VT, because those states lack continuing-education requirements. If your DHS is on the rejected list, the reciprocity path does not open.

Fees, Renewal and the One-Year Cliff

State Exam $75 per attempt, paid to PSI. Not refundable or transferable, and valid for one year from the date of payment. NMSA 59A-6-1(H) states the same $75 figure.
Fingerprinting Charged by IdentoGO under OSI service code 2BH27J, and required of resident applicants only (or a nonresident designating New Mexico as home state). OSI publishes no figure and IdentoGO surfaces the price only inside the scheduling flow, so confirm it at booking rather than relying on a third-party number.
Application $30 under NMSA 59A-6-1(L)(1) — and read the wording: it covers 'filing application for original license and issuance of license,' so there is no separate license fee on top of it. Same schedule for independent, staff and public adjusters.
Prelicensing None. New Mexico requires no prelicensing course for any adjuster class, proved by enumerating NMSA 59A-13-1 through 59A-13-17 and all nineteen sections of NMAC 13.4.8.
Total: $105 in state and vendor fees to get licensed — $30 application under 59A-6-1(L)(1) plus $75 to PSI — then $60 every two years for biennial continuation under 59A-6-1(L)(2). Two further costs are real but unpublished: the IdentoGO fingerprint fee under service code 2BH27J, and a NIPR transaction fee that NIPR itself discloses is additional to state fees. Public adjusters also carry a $10,000 surety bond. Budget above $105.

The fees are fixed in the statute, not set by rule. 59A-6-1 opens "The superintendent shall collect the following fees:" and then states dollar amounts. Subsection (L) is the adjuster line: $30 for "filing application for original license and issuance of license" and $60 for "biennial continuation of license." ⚠️ The $30 is a combined fee — there is no separate license fee on top of it. All three adjuster classes pay the same schedule.

⚠️ Two real costs are charged outside the statute and neither is published. OSI's fingerprint vendor is IdentoGO under service code 2BH27J, and the price surfaces only inside the scheduling flow. And NIPR's New Mexico pages carry the disclaimer "Fees shown are state fees only. These fees do not include NIPR transaction fees." Budget for both; do not rely on a figure from an aggregator.

⚠️ The license term is perpetual. 59A-11-10(A): "The term of the license shall be perpetual, contingent upon payment of fees and completion of any continuing education requirements." It does not expire on its own terms — it terminates for failure to pay or to complete CE. That is an inversion of the fixed-term model.

The renewal clock runs on your birth month. 59A-11-10(B): individual licenses "renew and continue on a biennial basis on the last day of the licensee's month of birth." NMAC 13.4.8.13 pins down which one: "Biennial renewal fees shall be paid on or before the last day of the second occurrence of the individual's birth month following issuance." ⚠️ The year is a function of your issuance date — not of birth-year parity, and not of your license number. Business entities renew biennially on March 1; entity affiliations annually on March 1.

Miss it and the statute gives you thirty days. 59A-11-10(C): the license "terminated as of midnight on the last day of the licensee's month of birth," except the superintendent may accept a continuation request received within thirty days thereafter with a fee equal to 150 percent of the normal continuation fee. ⚠️ NIPR displays a different and internally odd schedule — $150 for days 1–30 and $120 for days 31 to one year, in which the earlier tier costs more. It cannot be reconciled with the statute. Confirm the number with OSI before you pay.

⚠️⚠️ At one year, you re-examine. NMAC 13.4.8.13: "If an adjuster's license has been expired for one year or more, the adjuster applicant must submit to reexamination. Reexamination must be completed within the 12 months preceding the application." OSI treats reinstatement past that point as a new application — fresh $30 fee, new exam, and for public adjusters a new bond. All transactions run through NIPR; New Mexico does not use Sircon, and OSI's own site handles verification only.

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Move house, tell the state in twenty days — or pay $50
NMSA 59A-13-9 is captioned 'Place of business,' and the caption hides a penalty: 'Failure to notify the superintendent of a change of address within twenty days shall subject the licensee to a penalty in the amount of fifty dollars ($50.00).' Subsection B is not limited to residents — it binds every adjuster. A candidate reading only the catchline would never find it.

Continuing Education

⚠️ The CE rule is not in the adjuster part. NMAC 13.4.8 has nineteen sections and none of them is a CE section. The substance is entirely in NMAC 13.4.7, reached through 13.4.8.13(A): an adjuster's license continues "subject to payment … of renewal fees … and, for individual licensees, compliance with the continuing education requirements set forth in 13.4.7 NMAC." And 13.4.7 reaches you directly too — 13.4.7.2(A) applies the rule to "all licensed adjusters."

The requirement is 24 credit hours per 24-month compliance period, and a "credit hour" is 50 minutes. ⚠️ Multiple lines of authority do not multiply it — "Licensees who transact insurance under multiple lines of authority are only required to satisfy a single 24 hour continuing education requirement." ⚠️ Note that the statute never states the number: 59A-13-12 delegates "the minimum number of hours … required and approved by the superintendent." A candidate who reads only the statute will not find the 24.

Three hours must be ethics — and ethics is a subset, not an addition. 13.4.7.9(A)(1), both sentences: "All licensees shall complete a minimum of three hours of credits in ethics during each compliance period. Ethics credit hours may be included toward the total credit hour requirement." Three of the twenty-four, not twenty-four plus three.

⚠️ Three hours must be live — but the rule states a function, not a format. 13.4.7.10(D)(2): "A minimum of three hours … shall be earned through participation in a formal classroom or in another learning format that permits the student to interact with a live instructor." That is an interactivity test, not a list. There is no percentage cap on self-study — up to 21 of the 24 hours may be self-study. Do not describe this as a split.

⚠️ Carryover is expressly prohibited — this is an inversion, not a gap. 13.4.7.9(B) is a standalone subsection headed "No carryover": "No licensee may carry over credit hours earned in a compliance period to the next compliance period." Separately, 13.4.7.9(C) bars duplicate credit for the same course within a period — while permitting repetition across periods. And 13.4.7.9(E) gates everything: credit only for courses approved before enrollment.

⚠️ Flood CE is conditional, not mandatory. 13.4.7.10(C)(2)(b) requires four flood hours of "Adjusters and producers desiring to transact business relating to flood insurance." If you do not handle flood claims, you owe none. It is a line-of-authority prerequisite living inside the CE rule — not a component of the 24 hours.

Nonresidents are exempt only if their home state actually has CE. 13.4.8.13(A)(3)(c) turns on "substantially equivalent" home-state CE, and the 2025 amendment finally supplied the yardstick by defining "equivalent" as "comparable qualifications, examination or licensing criteria, or scope of duties." Bulletin 2024-019 closes the gap: if the home state has no CE requirement, the adjuster completes it with an approved New Mexico provider or an approved state. Business entities are exempt entirely — the cross-reference says "for individual licensees."

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Twenty-five years in, and CE stops
NMAC 13.4.7.2(B) exempts a licensee continuously licensed for 25 or more years without a lapse exceeding 90 days, and it applies to adjusters. Note also what New Mexico does NOT give you: there is no newly-licensed exemption and no hour pro-ration. An initial compliance period can be as short as 13 months, and you still owe the full 24 hours.

Standards of Conduct

Two instruments impose conduct duties — NMSA 59A-13-14 and NMAC 13.4.8.14 — and ⚠️ neither is a superset of the other. You must read both.

Duties that exist only in the rule include: honesty and fairness in communications with the insured, the insurer and the public; prompt, knowledgeable service and courteous, fair and objective treatment; compliance with privacy and information-security laws; and an affirmative duty to "obtain competent technical assistance … outside the adjuster's area of expertise" — where the statute states only the negative prohibition.

⚠️ Three rule-only prohibitions have no statutory analog at all. 13.4.8.14(A)(4): an adjuster "shall not give legal advice, and shall not deal directly with any policyholder or claimant who is represented by legal counsel without the consent of the legal counsel involved." 13.4.8.14(B)(2): "An adjuster shall not advance money to any potential client or insured." And 13.4.8.14(B)(6) requires a contractor-adjuster to give the insured "a disclaimer, on a form promulgated by the superintendent" stating which capacity they serve in — and to retain copies for the superintendent.

⚠️ The dual-role bar is a hail-country rule. 13.4.8.14(B)(3) forbids adjusting a physical-damage property loss while also acting as, or employed as, any type of contractor, or providing building repairs or products for compensation, or being a controlling person in such a business — "regardless of whether the contractor is a licensed adjuster." That last clause is the point: holding an adjuster license does not cure the conflict. 59A-13-13 is the statutory companion, and it too is a dual-role ban rather than an anti-steering rule.

And the traffic runs the other way. 59A-13-14(C) bars accepting a commission while unlicensed; the rule covers only paying one. The whole of 59A-13-14(B)(1)–(8) — public-adjuster loyalty, solicitation during a loss-producing occurrence, referral and compensation disclosure, no settlement without the insured's knowledge and consent, the three-business-day rescission and written contracts — appears nowhere in 13.4.8.14.

Records. The independent adjuster keeps records at the business address shown on the license for not less than three years after completion of the investigation, open to the superintendent "at all reasonable times" (59A-13-10). The public adjuster keeps them at least five years (59A-13-17(B)), and properly designated proprietary material is exempt from IPRA, not subject to subpoena, and not discoverable or admissible in any private civil action — a genuinely unusual protection.

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Your license number goes on every advertisement
NMAC 13.4.8.19(D) requires every advertisement soliciting business to display 'the adjuster's name, address, and license number as they appear in the records of the superintendent' — and it applies to all licensed adjusters, not just public adjusters. The section defines 'advertisement' broadly enough to reach websites, billboards, form letters and 'lead card solicitations.' It also bars soliciting during the progress of a loss-producing natural disaster occurrence, and bars representing that you are an instrumentality of any government.

Unfair Claims and the Right to Sue

⚠️ The unfair claims statute is in Article 16, not Article 13. An adjuster who studies only the licensing article will never find the conduct they are actually measured against. 59A-16-20 is the New Mexico unfair claims practices section, and it was amended twice in 2025.

⚠️⚠️ New Mexico gives an express private right of action. 59A-16-30 is the provision most states do not have — in most jurisdictions the unfair claims statute is enforced by the regulator alone and supplies no private remedy. New Mexico wrote one into the code.

And third parties may sue. In Hovet (New Mexico Supreme Court, 8 April 2004, Dockets 27,969 and 28,009), a third-party claimant may bring an unfair-claims action — subject to a ripeness gate: the underlying liability and damages must be resolved first. That combination — a third-party right of action with a timing condition — is unusual and worth holding precisely.

⚠️⚠️ An adjuster can be personally liable. Martinez v. Cornejo (New Mexico Court of Appeals, 14 November 2008, Dockets 27,382 and 27,383) reaches individual adjuster liability, and the mechanism is the point rather than the outcome. No New Mexico authority rejecting individual adjuster liability was located.

The 45-day interest clock — and the switch that turns it off. 59A-16-21(B): an insurer that fails for 45 days after required proof of loss to pay the amount justly due owes that amount plus interest at 1.5 times the prime lending rate, accruing from the 46th day. ⚠️ Subsection (C) disables it: the clock does not run on claims in arbitration or litigation. Separately, failure to pay within 10 days by check, draft or electronic transfer exposes the insurer to 10% of the unpaid amount, minimum $500, plus costs and attorney fees.

Cancellation and nonrenewal, both lines, one set of grounds. 59A-18-29 allows cancellation for nonpayment on 10 days' notice and without cause within the first 60 days; after that it delegates the grounds to the superintendent's rules — so a reader who stops at the statute will conclude New Mexico has no enumerated grounds. They are in 13.8.4.8: material misrepresentation or concealment; willful or negligent acts substantially increasing the hazard; revocation or suspension of a driver's license; and a claim based on fraud or material misrepresentation. Nonrenewal takes 30 days' notice, except on transfer to an affiliated insurer. ⚠️ Notice is effective on deposit in the mail, not on receipt — no certified mail required.

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The fraud warning is mandatory — and leaving it off is not a defense
New Mexico requires the fraud warning on claim forms, but omitting it does not give the claimant a defense to a fraud charge. Adjusters sometimes assume the two propositions travel together. In New Mexico they do not: the duty to include the warning and the consequence of its absence are decided separately.

What New Mexico Does Differently on Claims

⚠️⚠️ The biggest inversion in the state is in residential property. 59A-18-17(C): "Insurance coverage provided in residential property insurance policies shall provide coverage for the cost to repair or replace without deduction for depreciation. If the insured elects to effectuate repairs to the property by the insured's own self, a reasonable overhead expense shall be allowed."

Read what that forecloses. In most states ACV-with-depreciation is the default and replacement cost is an upgrade, with recoverable depreciation held back until repairs finish. ⚠️ New Mexico mandates repair-or-replacement cost with no deduction for depreciation as a statutory minimum. The labor-depreciation debate that splits other states does not exist here. Betterment deductions on residential property are statutorily barred. Note the limits: residential only, and the statute says overhead — not profit. A 2025 bill that would have reintroduced the depreciation holdback died in committee.

⚠️ New Mexico has no standard fire policy and no valued policy law. Both negatives were proved by enumeration — Article 18 runs 59A-18-1 through -33 with no valued-policy section, and Article 29 is titled "Property Insurance Contracts; FAIR Plan Act" but its contents are entirely FAIR Plan. The consequence matters: there is no statutory suit clause, appraisal clause or mortgagee clause in New Mexico. Those exist only as policy language. Do not import New York 165-line assumptions into a New Mexico file. The contract limitation default is six years under 37-1-3(A).

⚠️⚠️ Underinsured motorist coverage is difference-in-limits, not damages-based. 66-5-301(B) defines an underinsured motorist by comparing "the sum of the limits of liability under all bodily injury liability insurance … less than the limits of liability under the insured's uninsured motorist coverage." A tortfeasor whose limits equal or exceed your insured's UM limits is not underinsured in New Mexico — no matter how large the damages. Schmick (1985) confirms the offset: UIM limits are reduced by liability proceeds, not stacked on them. And Crutcher (2021) held that minimum-limits UIM can therefore never pay against a minimum-limits tortfeasor — with Smith v. AAA (2024) applying that retroactively to policies sold earlier.

Stacking is permitted, and an anti-stacking clause fails without a written rejection. Montano (2004): "Insurance companies must obtain written rejections of stacking in order to limit their liability based on an anti-stacking provision." Where premium was charged per vehicle and no valid written rejection is in the file, expect stacked limits.

⚠️⚠️ New Mexico is pure comparative — and pays no settlement credit. Scott v. Rizzo (1981) adopted pure comparative negligence by case law; there is no 50% bar. 41-3A-1 then abolished joint and several liability with four exceptions — intentional tortfeasors, vicarious liability, products strict liability, and an open-ended "sound basis in public policy" category. Subsection (E) is the inversion: a severally liable defendant gets no contribution and may not reduce its damages by anything the plaintiff recovered from anyone else. Do not book a settlement credit against a severally liable insured.

Total loss has no percentage threshold. 66-1-4.16 makes the test economic — "considers it uneconomical to repair" — not arithmetic. ⚠️ And prong (2) states adjuster duties, not vehicle characteristics: it applies only if, before or upon payment, the insurer obtained the claimant's agreement to the settlement amount and informed the claimant the title must be branded. Miss either and the branding trigger is defective. Hail damage is carved out of prong (1). Diminished value is not recoverable first-party after adequate repair (Davis, 2006).

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The regulator says no matching. The statute says no depreciation. Both are true.
OSI's consumer guidance states there are 'no laws that require a company match the siding or paint' for undamaged areas. NMSA 59A-18-17(C) requires repair or replacement without deduction for depreciation. These reconcile — OSI is addressing scope, the statute is addressing valuation — but on a partial-roof or partial-siding loss they pull in opposite directions, and you should expect the argument.

Wildfire, Catastrophe and the FAIR Plan

Wildfire is New Mexico's dominant property exposure, and the law around it is narrower than most people assume.

⚠️ 59A-16-20.1 bars canceling or nonrenewing a homeowner's policy because of a natural-disaster claim — and "FIRE" is expressly in the peril list. The definition reaches "any hurricane, tornado, storm, flood, high water, wind-driven water, earthquake, landslide, mudslide, snowstorm, drought, fire, explosion or other catastrophe." So a wildfire claim cannot itself be the basis for dropping a homeowner.

⚠️⚠️ But the bar is claim-based, not geography-based. It stops "you filed a wildfire claim, so we are dropping you." It does not stop "we are exiting your ZIP code." That gap is the whole of the New Mexico wildfire insurance crisis. The statute also does not restrict rate increases after a disaster claim, and the protection reaches only covered claims — the proviso requires that "the homeowner's policy expressly provides for such coverage."

⚠️ There is no wildfire nonrenewal moratorium in New Mexico — no statute, no NMAC part, no OSI emergency order. New Mexico has not adopted the California-style post-fire moratorium model. The only nonrenewal restriction is the claim-based bar above.

The FAIR Plan is the residual market, authorized by Article 29 and implemented by NMAC 13.13.3. Minimum coverage is "fire, extended coverage and vandalism or malicious mischief for buildings and contents," excluding automobile, farm and manufacturing risks. ⚠️ Its dollar limits are raised by superintendent order, not by statute or rule — 13.13.3 NMAC contains no dollar limits at all. Confirm the current figure on every FAIR Plan file.

⚠️ A conflict worth escalating: 13.13.3 NMAC permits ACV and makes replacement cost optional for FAIR Plan risks, while 59A-18-17(C) commands that residential property policies provide repair-or-replacement cost without deduction for depreciation. The rule dates to 1993–2001; the statutory language dates to Laws 1993, ch. 85. A statute outranks a rule — do not assume a FAIR Plan residential policy may be adjusted on depreciated ACV without escalating.

⚠️ A confusion point to inoculate against: New Mexico has no wildfire risk-model transparency requirement. Colorado HB25-1182 imposes catastrophe-risk-model transparency and appeal rights on homeowners' carriers. That is Colorado. New Mexico has no counterpart, and surveys routinely conflate the two Mountain West states. Likewise, note that hail is carved out of the auto salvage definition, that wind and hail deductibles may exceed the primary deductible, and that post-wildfire burn-scar flooding and debris flow is a live New Mexico sequence implicating both "flood" and "mudslide" in 59A-16-20.1(B).

i
A bill that passes a chamber 34 to 1 still looks like law
New Mexico's 2025 session produced several insurance bills that read exactly like enacted law and are not. SB 81, a FAIR Plan expansion, passed the Senate 34-1 and then died in House Judiciary. SB 55 would have reintroduced the residential depreciation holdback and was postponed indefinitely. HB 97 would have mandated UIM and restated the auto minimums, with a 1 January 2026 effective date printed on its face. None of them is law. Check enactment before citing anything from the legislature's website.
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Quick Reference

Licensing AuthorityNew Mexico Office of Superintendent of Insurance (OSI)
Governing statuteNMSA Chapter 59A, Article 13 (adjusters) plus Article 11 (licensing procedure)
Governing ruleNMAC 13.4.8 (19 sections) — CE is in NMAC 13.4.7
License typesIndependent, staff and public adjuster — separate licenses, and one person may hold more than one
Staff adjusters licensed?Yes — no employee exemption
Exam providerPSI (New Mexico moved from Prometric — the old bulletin is still online)
Number of examsFive: series 18-39, 18-40, 18-41, 18-58, 18-59
Questions / time50 scored in 1 hour for series 18-39 and 18-40, plus 5-10 unscored pretest items
Passing score70% — stated as raw, with no scaling language in any source
PrelicensingNone
Application fee$30 — covers both application and issuance
Exam fee$75, valid one year, not refundable or transferable
Biennial continuation fee$60
FingerprintingIdentoGO, OSI service code 2BH27J — resident applicants only; results valid 90 days
Bond$10,000 surety — public adjusters only since 16 June 2023; no cash alternative
E&O required?No
License termPerpetual, contingent on fees and CE
RenewalBiennial, last day of the second occurrence of your birth month after issuance
Late window30 days at 150% of the continuation fee under 59A-11-10(C); confirm the amount with OSI
Expired one yearReexamination required, completed within the prior 12 months
CE24 hours per 2 years, including 3 ethics and 3 live-instructor hours
CE carryoverProhibited outright
PortalNIPR for all transactions — New Mexico does not use Sircon
Address change20 days, or a $50 penalty
Record retention3 years independent; 5 years public adjuster
Operative guidanceOSI Bulletin 2024-019 (1 October 2024) supersedes all prior adjuster licensing guidance
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