Legal actions.

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There shall be a provision as follows:

No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished.

History: Laws 1984, ch. 127, § 435.

ANNOTATIONS

Limitations period permitted. — Pursuant to 59A-22-3 NMSA 1978, a health insurance policy could contain a four-year limitations period, and this section would not bar an action filed within that four-year period. Willey v. United Mercantile Life Ins. Co., 1999-NMCA-137, 128 N.M. 98, 990 P.2d 211.


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