Insurance Division

David Poms, President, provides the direction and management for the Insurance Division. Your NMPSIA Team Members will assist you with the following services:

• Conduct contractual risk-transfer review to ensure insurance compliance and recommend language for hold-harmless/indemnity agreements, proper coverage and equity.
• Manage and places stand-alone insurance policies for events such as field trips, school sponsored events versus non-school sponsored events, use of facilities, discuss coverage for regular and spontaneous volunteers, requirements for bonfires, use of personal vehicles, supplementary transportation matters and provide waiver forms for various activities.
• Manage annual policy renewals for Student Accident, Equipment Breakdown and Underground Storage Tank coverages
• Responsible for the Property schedule for all Members including buildings, contents, construction, equipment at all owned or leased locations and inventory listed for accurate calculation of premium costs associated with total insured values, established flood zones and appraisal records.
• Respond to insurance coverage inquiries and prepare annual fiscal audits for individual members.

Your Dedicated Insurance Team Members

Certificate of Insurance

• Name of your district, charter school, college or organization.
• Contact information including your name, phone number and email address.
• Name and address of certificate holder – this is the entity, business, or individual requesting the certificate.
• You will need to know the desired type of coverage.
• Describe the event and/or activity and include all necessary dates.
• Attach a copy of the written requirement, if applicable, requiring the insurance coverage.
• For leased or loaned machinery, office equipment, vehicle rental, etc., you will need to provide the replacement cost value, and the serial and/or vehicle identification number.
• Bus Contractors: a copy of the contract or agreement is required along with a complete schedule of buses including year, make, model and VIN.
• You will need to include method of delivery, fax number, email or mail address.
• The email with the attached Certificate will be sent from notifications@origamirisk.com

Public Use of School Facilities

In June 2010, Sammy Quintana, Executive Director sent a letter to Superintendents and CEOs of NMPSIA Member agencies informing Members of a statutory amendment (§NMAC, Title 6 Primary and Secondary Education. Chapter 50. Insurance, Part 17 Use of School Facilities by Private Persons) that affects the relationship between public schools in New Mexico and third party users of public school facilities. The change was effective July 1, 2010.

Under the new law:

1. Public schools in New Mexico are not permitted to deny a facility use application because the party has no liability insurance.
2. A school may require a tenant user to purchase insurance as a condition of use.
3. The public school is not required to extend its own liability insurance to the tenant user. If the tenant user elects to remain uninsured, it is at the user’s own risk. The personal assets of the event sponsor may be in jeopardy if a loss occurs.
4. NMPSIA Members (districts, charter schools, other educational entities, etc…) WILL BE insured by NMPSIA for claims which arise as a result of the tenant user’s event and for which the Member is held liable.
5. Since July 1, 2010, the NMPSIA Member’s liability exposure is statutorily limited to a maximum of $1,000,000 per occurrence for damages related to tenant user activities. The Act does not set a maximum limit for the sponsor’s liability.
6. Public schools may (and should) adopt a Facility Use Policy that clarifies all other terms and conditions of facility use. A sample Site Use Agreement is also available for reference. This sample may be adapted for use by the Member or Member’s counsel. Work with your attorney to ensure that your Site Use Policy is appropriately drafted to avoid discrimination complaints.

To reduce liability, NMPSIA’s recommended Site Use Agreement asks NMPSIA Member to obtain waiver agreements from the User’s event participants. Waivers help to mitigate potential damages and control premium costs.

Members may continue to recommend (but not mandate) the purchase of TULIP coverage for the User’s own protection. We strongly suggest that you inform Tenant User applicants of the continued availability of the TULIP program.

The sample Site Use Agreement offers specific recommendations for safety and other risk management components. The incorporation of safety and risk management processes will limit potential liability for all parties and safeguard future public access.

For questions relating to your obligations under the new law, please contact Justin Perkins, Jessie Monterrosa, or Lynn Solomon at Poms & Associates: (800) 578-8802. For assistance with safety issues associated with Tenant Users, contact Julie Garcia or Larry Vigil at (800) 898-6236.

Sample Site Use Agreement

Use of School Facilities by Private Persons

Safety, Risk Management, & Loss Control Division

Julie Garcia, Regional Director, leads your Safety, Risk Management & Loss Control Division.This Division was created to specifically address your pre-loss activities by assisting you with the development of policies and procedures, training your staff on comprehensive topics, creating a safe environment for staff and students, conducting onsite safety audits and risk assessments, addressing matters such as OSHA standards and regulations, life safety code standards and regulations, ergonomic issues and best practices, review of and development of safety drills, and employment practices liability requirements and best practices. In addition, the team is constantly reviewing trends in school risk management issues. As a result, they work closely with NMPSIA to develop programs to curb those trends, such as the Technical Assistance Program (TAP) a partnership with CES, and Pecos Valley REC to provide an IDEA hotline and professional development training programs.

Your Dedicated Safety, Loss Control and Risk Management Team:

Audits & Assessments

In addition to the numerous trainings available to NMPSIA Members, Poms & Associates also offers the following Audits and Assessments to ensure compliance with applicable federal and state regulations:

• Security and Safety:
  • Annual and Semiannual Facility Audits
  • Regulatory Compliance Audits
  • Alarms and Areas of Rescue
  • Crisis Planning
  • Food Service Safety
  • Fire Protection Systems
  • Gang Recognition
• Playgrounds:
  • Review playground layouts (help design equipment layouts)
  • Playground Safety Audits
• Review New Buildings (Audit of buildings before signing lease or purchase contracts)
• Ergonomic Audits for kitchen staff, custodial staff and office staff

Property & Liability Claims

Under the supervision of Steve Vanetsky, Senior Claims Supervisor, all property and liability claims are assigned to a team of claim adjusters. There are currently seven (7) claim adjusters to handle and service all of your claims.

Following procedure for reporting of claims is important. As soon as you obtain knowledge or become aware of a circumstance that could give rise to a claim, you should report it immediately using the appropriate claim form.

If you receive a summons or any written or verbal communication from an attorney, contact CCMSI immediately. Any time delay can impact the investigation of the allegations.

The first reporting notification should be sent directly to Steve Vanetsky. If he is not available, any one of the adjusters will gladly assist you. Simply ask for a general liability adjuster and advise the operator that you are a Member of the New Mexico Public Schools Insurance Authority.

Workers' Compensation

Workers’ Compensation (WC) claims for Members of the New Mexico Public Schools Insurance Authority are supervised by Jerry Mayo and Vanessa Devine and managed by a team of four (4) Claims Representatives, and two (2) Medical Only Adjusters. All contact information for team members is listed below.

Reporting a Workers' Compensation Claim:

The Employer’s First Reports of Injury or Illness (FROI) may be submitted electronically into the CCMSI Internet Claims Edge system (ICE), or scanned and emailed to the dedicated Workers’ Compensation email of nmpsiawc@ccmsi.com. CCMSI encourages NMPSIA members to obtain an ICE ID to submit the FROI electronically. If you need an ICE ID and passcode, please email your request to Courtney Barela cbarela@ccmsi.com and Jerry Mayo jmayo@ccmsi.com.

Timely Reporting of Workers' Compensation Claims and Potential Penalties

NMPSIA requests that all Members submit FROIs to CCMSI within twenty four (24) hours but no later than seventy two (72) hours of their first knowledge of the injury or illness.

NMAC Rule 11.4.3.13.B(4) states the following:

(4) The employer shall report every accident to their insurer or, in the case of self-insured employer or member of a self-insurance group, their claims administrator, whether or not the employer considers the claim to be valid, within 72 hours of the earlier of:

(a) actual knowledge of the accident by the employer, or

(b) presentation of a notice of accident form to the employer.

Please note:

Under Section 52-1-61 (NMSA 1978), Employers who report injuries late are subject to penalties of up to one thousand dollars ($1,000) for each occurrence.

Claims Workbook:

General information about reporting, investigating and managing Workers’ Compensation Claims can be found in the

Workers' Compensation and Property & Liability Claims Workbook (fillable PDF)

Workers' Compensation Forms & Documents