SENATE BILL 229

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO BUSINESS; INCREASING THE MAXIMUM ANNUAL PREMIUM FOR PROFESSIONAL LIABILITY INSURANCE FOR REAL ESTATE BROKERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 61-29-4.2 NMSA 1978 (being Laws 2001, Chapter 216, Section 1, as amended) is amended to read:

     "61-29-4.2. ADDITIONAL POWERS OF THE COMMISSION--PROFESSIONAL LIABILITY INSURANCE--MINIMUM COVERAGE.--

          A. In addition to the powers and duties granted to the commission pursuant to the provisions of Sections 61-29-4 and 61-29-4.1 NMSA 1978, the commission may adopt rules that require professional liability insurance coverage and may establish the minimum terms and conditions of coverage, including limits of coverage and permitted exceptions. If adopted by the commission, the rules shall require every applicant for an active license and licensee who applies for renewal of an active license to provide the commission with satisfactory evidence that [he] the applicant or licensee has professional liability insurance coverage that meets the minimum terms and conditions required by commission rule.

          B. The commission is authorized to solicit sealed, competitive proposals from insurance carriers to provide a group professional liability insurance policy that complies with the terms and conditions established by commission rule. The commission may approve one or more policies that comply with the commission rules; provided that the maximum annual premium shall not exceed [two hundred dollars ($200)] four hundred dollars ($400) for a licensee, that the minimum coverage shall not be less than one hundred thousand dollars ($100,000) for an individual claim and not less than a five hundred thousand dollar ($500,000) aggregate limit per policy and that the deductible shall not be greater than one thousand dollars ($1,000).

          C. Rules adopted by the commission shall permit an active licensee to satisfy any requirement for professional liability insurance coverage by purchasing an individual policy.

          D. Rules adopted by the commission shall provide that there shall not be a requirement for a licensee to have professional liability insurance coverage during a period when a group policy, as provided in Subsection B of this section, is not in effect."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.

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