Professional Liability
While engaged in duties as an employee or faculty member of the University of New Mexico, you are provided insurance coverage by the New Mexico Risk Management Division (NM RMD) pursuant to the provisions of the New Mexico Tort Claims Act. The Tort Claims Act provides insurance 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.