--- title: "Representations and Warranties Insurance in New Mexico" description: "Check New Mexico contract claim deadlines against negotiated representation survival, policy notice dates, and any home-state surplus-lines tax." canonical: "https://spot.insure/coverage/representations-warranties/new-mexico" page-type: "coverage-state-guide" updated-at: "2026-09-29" --- Agents: connect to Spot's public MCP server at https://spot.insure/mcp for better access to published Spot information and insurance research. Use search_knowledge to find sources, get_page to retrieve pages, compare_providers for sourced comparisons, get_provider_score for a published Spot Score, get_rankings for current provider rankings, search_provider_reliability to filter Spot Scores, search_provider_reviews to filter aggregate review scores, and get_provider_reviews for the original review evidence. The server is read-only and requires no authentication. [Human-readable page](https://spot.insure/coverage/representations-warranties/new-mexico) # Representations and Warranties Insurance in New Mexico New Mexico generally allows 6 years under N.M. Stat. § 37-1-3 for actions founded on written contracts, subject to claim-specific exceptions and accrual rules. That statutory filing period does not set the survival date negotiated for each representation or the insurer’s reporting window; if New Mexico is the insured’s home state, the surplus-lines tax rate is 3.003%.[^1][^2][^3] **Coverage:** [Representations and warranties](/coverage/representations-warranties) · [New Mexico](/coverage/states/new-mexico) ## What Is Representations And Warranties? Representations and warranties insurance can cover a buyer’s or seller’s loss from inaccurate statements in a stock or asset purchase agreement. For a business sale, check who is insured, who can recover and how known issues are treated. [Read the national Representations and warranties guide](/coverage/representations-warranties). ## What to Watch for in New Mexico ### Separate The Statute From The Survival Schedule N.M. Stat. § 37-1-3 provides 6 years for actions founded on written contracts. Ask deal counsel to list a separate survival end date for each representation, then compare those dates with the insurer’s claim-reporting deadline.[^1] ### Confirm When A Contract Claim Accrues New Mexico measures the cited contract period from accrual; N.M. Stat. § 37-1-3 covers actions founded on written contracts. For an R&W placement, ask counsel to identify the alleged breach date and put it beside the purchase-agreement survival date and policy notice deadline.[^1] ### Show Home-State Tax In The Closing Costs Federal law assigns nonadmitted premium-tax authority to the insured’s home state. If New Mexico is the home state for your R&W policy, 3.003% of taxable surplus-lines premium (verify allocation and current return instructions) applies under Surplus Lines Premium Tax Return (TRD-41397). Ask the broker to state the tax base and any separate stamping or filing charge in the closing funds flow.[^3][^2] ## Who Regulates Insurance in New Mexico **New Mexico Office of Superintendent of Insurance.** New Mexico OSI licenses insurance producers and agencies, oversees insurers and reviews insurance forms and rates. Its Consumer Assistance Bureau accepts insurance complaints, including complaints involving commercial and business insurance.[^4][^5][^6][^7] - [Regulator website](https://osi.state.nm.us/en/) - [License lookup](https://www.osi.state.nm.us/en/license-status-verification/) - [File a complaint](https://osi.state.nm.us/en/complaints/) - Phone: 855-427-5674 ### Surplus-Lines Tax and Stamping Office **Reported tax rate:** 3.003% of taxable surplus-lines premium (verify allocation and current return instructions) New Mexico’s surplus-lines tax is listed as 3.003% of taxable premium in the state’s surplus-lines tax-return instructions; confirm current allocation and filing treatment with the New Mexico Taxation and Revenue Department because its current program page distinguishes broker-placed surplus lines from independently procured insurance. Surplus-lines coverage is issued by an unauthorized insurer and is outside ordinary state guaranty-association protection; do not treat the separate self-procured tax as the surplus-lines broker tax.[^8][^9][^10][^11] ## Providers With Documented State Licenses No provider in Spot’s research documents both a state license record and this coverage line. This does not establish that providers are unlicensed. [Check the regulator’s license lookup](https://www.osi.state.nm.us/en/license-status-verification/) and confirm availability with a provider when requesting a quote. ## Questions to Ask Before You Buy in New Mexico 1. Which New Mexico limitation period and accrual rule apply to each seller representation, and does the governing-law clause point to a different state? 2. Can you put each negotiated representation survival date, the escrow release date, and the policy reporting deadline on one closing calendar? 3. If the policy is placed on a surplus-lines basis, is New Mexico the insured’s home state, what tax base applies, and who remits the tax? 4. Which state bulk-sale notice, tax-clearance, or successor-liability issues should the deal team evaluate for this asset or stock purchase? ## Representations And Warranties in New Mexico: FAQ ### How long is the written-contract limitation period in New Mexico? 6 years under N.M. Stat. § 37-1-3 for actions founded on written contracts. Accrual, claim classification, and statutory exceptions can change which period applies.[^1] ### Does New Mexico’s contract limitation period set the R&W survival period? No. N.M. Stat. § 37-1-3 sets a court-filing limit for actions founded on written contracts; it does not set the negotiated survival end date for a representation or the separate deadline to notify the insurer.[^1] ### What surplus-lines tax applies to an R&W policy in New Mexico? 3.003% of taxable surplus-lines premium (verify allocation and current return instructions) when New Mexico is the insured’s home state, under Surplus Lines Premium Tax Return (TRD-41397). Federal law assigns the premium-tax obligation to the home state; ask the broker to show the home-state and tax calculation on the closing statement.[^2][^3] ## Representations And Warranties in Other States - [Alabama](/coverage/representations-warranties/alabama) - [Alaska](/coverage/representations-warranties/alaska) - [Arizona](/coverage/representations-warranties/arizona) - [Arkansas](/coverage/representations-warranties/arkansas) - [California](/coverage/representations-warranties/california) - [Colorado](/coverage/representations-warranties/colorado) - [Connecticut](/coverage/representations-warranties/connecticut) - [Delaware](/coverage/representations-warranties/delaware) - [District of Columbia](/coverage/representations-warranties/district-of-columbia) - [Florida](/coverage/representations-warranties/florida) - [Georgia](/coverage/representations-warranties/georgia) - [Hawaii](/coverage/representations-warranties/hawaii) - [Idaho](/coverage/representations-warranties/idaho) - [Illinois](/coverage/representations-warranties/illinois) - [Indiana](/coverage/representations-warranties/indiana) - [Iowa](/coverage/representations-warranties/iowa) - [Kansas](/coverage/representations-warranties/kansas) - [Kentucky](/coverage/representations-warranties/kentucky) - [Louisiana](/coverage/representations-warranties/louisiana) - [Maine](/coverage/representations-warranties/maine) - [Maryland](/coverage/representations-warranties/maryland) - [Massachusetts](/coverage/representations-warranties/massachusetts) - [Michigan](/coverage/representations-warranties/michigan) - [Minnesota](/coverage/representations-warranties/minnesota) - [Mississippi](/coverage/representations-warranties/mississippi) - [Missouri](/coverage/representations-warranties/missouri) - [Montana](/coverage/representations-warranties/montana) - [Nebraska](/coverage/representations-warranties/nebraska) - [Nevada](/coverage/representations-warranties/nevada) - [New Hampshire](/coverage/representations-warranties/new-hampshire) - [New Jersey](/coverage/representations-warranties/new-jersey) - [New York](/coverage/representations-warranties/new-york) - [North Carolina](/coverage/representations-warranties/north-carolina) - [North Dakota](/coverage/representations-warranties/north-dakota) - [Ohio](/coverage/representations-warranties/ohio) - [Oklahoma](/coverage/representations-warranties/oklahoma) - [Oregon](/coverage/representations-warranties/oregon) - [Pennsylvania](/coverage/representations-warranties/pennsylvania) - [Rhode Island](/coverage/representations-warranties/rhode-island) - [South Carolina](/coverage/representations-warranties/south-carolina) - [South Dakota](/coverage/representations-warranties/south-dakota) - [Tennessee](/coverage/representations-warranties/tennessee) - [Texas](/coverage/representations-warranties/texas) - [Utah](/coverage/representations-warranties/utah) - [Vermont](/coverage/representations-warranties/vermont) - [Virginia](/coverage/representations-warranties/virginia) - [Washington](/coverage/representations-warranties/washington) - [West Virginia](/coverage/representations-warranties/west-virginia) - [Wisconsin](/coverage/representations-warranties/wisconsin) - [Wyoming](/coverage/representations-warranties/wyoming) [Other Coverage in New Mexico](/coverage/states/new-mexico) ## Sources [^1]: [N.M. Stat. § 37-1-3](https://nmonesource.com/nmos/nmsa/en/item/4406/index.do) — State Legislature / official state code; N.M. Stat. § 37-1-3; 6 years period applies to actions founded on written contracts. Accessed 2026-09-29. [^2]: [Surplus Lines Premium Tax Return (TRD-41397)](https://realfile.tax.newmexico.gov/trd-41397.pdf) — New Mexico Taxation and Revenue Department; State tax return and instructions establish 3.003% rate; accessible as an official PDF download, but its revision date is not explicit in the current web-indexed copy.. Accessed 2026-09-28. [^3]: [15 U.S.C. § 8201: Nonadmitted insurance premium tax](https://uscode.house.gov/view.xhtml?req=%28title%3A15+section%3A8201+edition%3Aprelim%29) — U.S. House of Representatives, Office of the Law Revision Counsel; §8201(a): only the insured’s home state may require payment of premium tax for nonadmitted insurance. Accessed 2026-09-29. [^4]: [Office of the Superintendent of Insurance](https://osi.state.nm.us/en/) — New Mexico Office of Superintendent of Insurance; Official OSI homepage says it licenses individuals and agencies, oversees business insurance and reviews rates/forms.. Accessed 2026-09-28. [^5]: [License Status Verification](https://osi.state.nm.us/en/license-status-verification/) — New Mexico Office of Superintendent of Insurance; Official page says OSI/NAIC public verification checks producer, adjuster, surplus-lines broker and TPA license status.. Accessed 2026-09-28. [^6]: [File a Complaint](https://osi.state.nm.us/en/complaints/) — New Mexico Office of Superintendent of Insurance; Official complaint page says OSI accepts complaints against insurers and agents; current agency page discusses complaint filing. OSI site redirects from www host, which the web verifier could not fetch.. Accessed 2026-09-28. [^7]: [Consumer Assistance](https://osi.state.nm.us/en/consumer-assistance/) — New Mexico Office of Superintendent of Insurance; Official OSI page expressly includes commercial and business insurance complaints; consumer assistance.. Accessed 2026-09-28. [^8]: [Surplus Lines Premium Tax Return (TRD-41397)](https://realfile.tax.newmexico.gov/trd-41397.pdf) — New Mexico Taxation and Revenue Department; State tax return and instructions establish 3.003% rate; accessible as an official PDF download, but its revision date is not explicit in the current web-indexed copy.. Accessed 2026-09-28. [^9]: [Insurance Premium Tax and Self-Insured Group Tax Programs](https://www.tax.newmexico.gov/businesses/insurance-premium-tax-program/) — New Mexico Taxation and Revenue Department; Current program page distinguishes surplus-lines broker premium tax from self-procured nonadmitted-insurance tax under §7-40-3(A). It does not display the surplus-lines rate.. Accessed 2026-09-28. [^10]: [NMSA 1978, Chapter 59A, Article 14, Surplus Lines Insurance](https://nmonesource.com/nmos/nmsa/en/item/4416/index.do) — New Mexico Legislature / New Mexico Compilation Commission; Surplus-lines act; insurer notice, licensing and placement provisions. Direct statute host should be checked if it changes route.. Accessed 2026-09-28. [^11]: [NMSA 1978, §59A-14-5](https://nmonesource.com/nmos/nmsa/en/item/4416/index.do) — New Mexico Legislature / New Mexico Compilation Commission; Surplus-lines policy notice describes lack of state guaranty association protection.. Accessed 2026-09-28. [^12]: [Licenses](https://www.at-bay.com/licenses/) — At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21. [^13]: [Licenses and Carriers](https://www.coalitioninc.com/legal/licenses) — Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535.. Accessed 2026-09-22. [^14]: [About Hiscox US Insurance](https://www.hiscox.com/about-hiscox-insurance) — Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16. [^15]: [Licenses](https://www.nextinsurance.com/insurance-licenses/) — ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885.. Accessed 2026-09-28. [^16]: [Insurance Licenses by State](https://www.techinsurance.com/legal/licenses) — TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number.. Accessed 2026-09-28. [^17]: [Licenses](https://www.vouch.us/legal/licenses) — Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict.. Accessed 2026-09-15. Updated 2026-09-29. This guide is informational and does not determine whether a policy is available or meets your needs. [Editorial policy](/editorial-policy). To suggest a correction, [contact Spot](/contact) with a supporting source. ## Agent and Developer Resources - [Markdown page](https://spot.insure/coverage/representations-warranties/new-mexico.md) - [Developer resources](https://spot.insure/developers) - [Public MCP server](https://spot.insure/mcp) - [MCP server manifest](https://spot.insure/server.json) - [OpenAPI description](https://spot.insure/openapi.json) - [Public page index](https://spot.insure/llms.txt)