New Mexico Register / Volume XIX, Number 22 / December 1, 2008

This is an amendment to 16.61.5 NMAC Section 9, effective 12-31-2008.

16.61.5.9 TERMS OF COVERAGE: The group policy shall provide, at a minimum, the following terms of coverage:

A. coverage of all acts for which a real estate license is required, except those illegal, fraudulent or other acts which are normally excluded from such coverage;

B. [an annual premium not to exceed $200] an annual premium not to exceed the amount set by statute 61-29-4.2B NMSA 1978;

C. that the coverage cannot be cancelled by the insurance carrier except for non-payment of the premium or in the event a broker becomes inactive or has their license revoked or an applicant is denied a license;

D. pro-ration of premiums for coverage which is purchased during the course of the calendar year but with no provision for refunds of unused premiums;

E. not less than $100,000 coverage for each licensed individual and entity per covered claim regardless of the number of brokers or entities to which a settlement or claim may apply;

F. an aggregate limit of $500,000 per licensed individual or entity;

G. a deductible amount for each occurrence of not more than $1,000 per claim and no deductible for legal expenses and defense;

H. the obligation of the insurance carrier to defend all covered claims;

I. coverage of a broker's use of lock boxes;

J. the ability of a broker, upon payment of an additional premium, to obtain higher or excess coverage or to purchase additional coverage from the insurance provider as may be determined by the provider;

K. that coverage is individual and license specific and will cover the associate broker regardless of changes in qualifying broker;

L. an extended reporting period of not less than 365 days;

M. a conformity endorsement allowing a New Mexico resident broker to meet errors and omissions insurance requirements for an active license in another group mandated state without the need to purchase separate coverage in that state.

[16.61.5.9 NMAC - N, 1-1-2002; A, 1-1-2006; A, 12-31-2008]