Liability Coverage

General Liability

NMSU has general liability risk coverage through the state public liability fund managed by the State of NM Risk Management Division. This coverage protects NMSU and its employees from the risk of tort liability imposed by lawsuits or similar claims. This coverage relates specifically to third party claims for personal injury or property damage caused by the negligent acts of NMSU.

Professional Liability

While engaged in duties as an employee or faculty member of New Mexico State University, you are provided coverage by the State of NM Risk Management Division (NM RMD) pursuant to the provisions of the New Mexico Tort Claims Act. The Tort Claims Act provides coverage for negligent actions by and/or omissions of public employees. Under this Act, the definition of a “public employee” is “any officer, employee, or servant of a governmental entity, including elected or appointed officials, law enforcement officers and persons acting on behalf or in service of a governmental entity in any official capacity, whether with or without compensation, but the term does not include an independent contractor…”

A defense shall be provided and a settlement or judgment shall be paid for a public employee when liability is sought for:

  • Any tort alleged to have been committed by the public employee while acting within the scope of his/her duty.
  • Any violation of property rights or any rights, privileges, or immunities secured by the Constitution or Laws of the United States or the Constitution and Laws of the State of New Mexico when alleged to have been committed by the public employee while acting within the scope of his/her duty.

The coverage provided to the University and its employees is occurrence-based coverage, which means that coverage is extended as long as the incident occurs while the individual is employed by the University. The duty to defend and pay settlements and final judgments shall continue after employment with the University has been terminated if the occurrence for which such damages are sought happened while the public employee was acting within the scope of his/her duty while in the employ of the University.

Auto Liability

This applies to negligence by NMSU or its employees while operating a motor vehicle in the scope of their employment at NMSU. This coverage protects NMSU against personal injury claims and property damage claims of a third party.

Liability coverage for rental vehicles is self-insured, paid out of the Public Liability Fund administered by the State of NM Risk Management Division. The State will provide coverage where the State or employee is responsible due to the Tort Claims Act and when the State is legally responsible.

Law Enforcement Officers’ Liability

This covers exposures relating to police for negligent acts in the course and scope of employment.

Civil Rights Liability

The Civil Rights liability coverage is protection against claims of discrimination and violations of the rights, privileges or immunities secured by the Constitution and Laws of the US and the Laws of the State of New Mexico.

This coverage does not include defense of criminal proceedings or payment and/or settlement of any part of the compensation package including, but not limited to, lost wages, salaries, retirement, insurance, benefits, or plaintiff legal fees.

Medical Malpractice

This coverage relates to authorized medical exposures whether hospital, clinic, infirmary, emergency medical services (including ambulance operations) and treatment provided by emergency medical technicians, doctors, nurses, dentists, pharmacists, technicians, or other medical professionals.

The Risk Management Division also extends health care liability coverage to students enrolled in a health care instruction program through NMSU.