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In light of the recently settled case Crutcher v. Liberty Mut. Ins. Co., 2021 N.M. LEXIS 45 (N.M. 2021), the insurance department issued a bulletin on November 9th requiring all auto insurers within the state to immediately adopt a disclosure and exclusion for use in every auto policy, either in existence or to be issued in the future. Recommended language is presented in the bulletin, and if insurers choose to use the recommended language they may file the forms on the “use and file” basis through the SERFF system. The new disclosure and exclusion forms are to be developed and distributed to policyholders as soon as possible, no later than thirty days from the date of the bulletin and the SERFF filing must be within ninety days of the date of the bulletin. 

Insurers wishing to develop their own language for the forms are to submit the language for review following normal procedures. The proposed disclosure and exclusion language must be submitted to the department in entirety for review. 

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