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Liability Insurance

The University's insurance policy, provided by the New Mexico Risk Management Division (NM RMD), is coverage to protect the University and its employees from claims of negligence. Specifically, this coverage is for third party bodily injury or property damage caused by, or arising out of, the University's operations. There is no deductible for this coverage since the claim is filed by a third party in all cases.

If a third party reports a personal injury or property damage to you, refer them to SRS. Please do not tell the third party that the University will reimburse them for their medical expenses or property damage repairs; the New Mexico Tort Claims Act requires that negligence on the part of the University be investigated and decided by the coverage provider. Instead, offer assistance to the third party, including calling an ambulance if requested. Document the incident and fax the documentation to Safety & Risk Services at 277-2753.

This insurance coverage protects UNM against bodily injury and property damage claims of a third party if damage or injury is caused by negligence on the part of UNM or its employees while operating a motor vehicle in the scope of their employment at the University.

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.

Medical malpractice tort claims and lawsuits are managed by the Office of University Counsel.

Contact:

Scot Sauder
Associate University Counsel
505-272-2463
SSauder@salud.unm.edu

Mailing Address:

Scot Sauder
Office of University Counsel
MSC09 5300
1 University of New Mexico
Albuquerque, NM 87131-0001

Phone Number: 505-272-2377
Fax Number: 505-272-1938

The University's civil rights insurance policy, provided by the New Mexico Risk Management Division (NM RMD), is protection against claims of discrimination and any violation of the property rights or any rights, privileges or immunities secured by the Constitution and Laws of the United States and the Constitution and Laws of the State of New Mexico.

What is TULIP?

The TULIP program covers activities and events held by tenant users at University-owned premises. The TULIP policy applies to Bodily Injury or Property Damage arising out of the use of University premises by the declared tenant user. A tenant user is defined as a third party who has temporary possession of the location as described in the application. TULIP does not, however, cover the University's sole negligence or maintenance/premises defects resulting in hazardous activities.

Who Needs It?

All tenant users of University of New Mexico facilities are required to carry liability insurance in the amount of $1,000,000 since the University does not have insurance coverage for these events. Proof of insurance must be submitted by the tenant user to UNM prior to the event. If the tenant user does not have inurance, the required coverage can be purchased through the Department of Risk Management TULIP program.

What Will it Cost?

Premium costs are determined based on the nature of the event, the anticipated number of participants, and the number of days. While it is impossible to quote rates without detailed information about the event, we can say that premiums for this program usually are lower than any similar policy you could buy on the open market for your event.

What Events Must Have Coverage?

Any activity or event sponsored by tenant users at University-owned premises.

Exclusions:

The TULIP policy cannot be purchased for the following events/activities. Tenant users must secure their insurance policy elsewhere and provide a Certificate of Insurance to UNM prior to the event/activity.

  • Athletic & Sport Participants
  • Events Involving Aircraft
  • Events Involving Animals
  • Explosives & Fireworks
  • Intentional Injury or Damage
  • Liquor Liability, except when application includes a premium payment for liquor liability.
  • Medical Payments
  • Motorized Events
  • Participants
  • Personal & Advertising Injury Entertainment Industry
  • Pollution
  • Professional Services