Santa Fe, NM – New Mexico Superintendent of Insurance Russell Toal announced today that his office will issue a data call to insurers in New Mexico to gather information regarding claims and damages associated with the weather-related emergency in Dona Ana County that started on August 12, 2021. Governor Michelle Lujan Grisham declared a state of emergency due to the heavy rain in the County. The data call is to establish that a level of damage occurred during the emergency weather incident to meet the criteria necessary for the Superintendent’s issuance of a Catastrophe Declaration. 

A catastrophe, for purposes of a declaration, is defined as “a disaster or accident or series of disasters or accidents arising out of a single event that results in at least 1,000 claims against insurers, results in total insured losses in excess of $5,000,000 and takes place within a period of 72 consecutive hours” 13.7.4.7(A) NMAC.

The Superintendent has directed all property and casualty insurers (including auto insurers) of New Mexico residents and businesses to report all claims and losses filed due to the emergency weather incident.

Under a Catastrophe Declaration, the Superintendent will assign a claim number to the incident for insurers to use during their processing and require that insurers settle each catastrophic claim within a ninety-day period after the declaration. In addition, insurers will be required to settle any late reported claims within ninety-days after the claim has been reported. 

The Superintendent urges all residents of Dona Ana County who have experienced loss and/or damages due to the emergency weather incident to contact their insurer to file a claim as soon as possible. If a claim is related to a Catastrophe Declaration, the insured is protected from premium increases or policy non-renewal. To file a complaint or for help with your claim, use this link on the OSI website: https://sbs.naic.org/solar-web/pages/public/onlineComplaintForm/onlineComplaintForm.jsf?state=NM&dswid=6452. 

The Superintendent has asked all insurers of residents of Dona Ana County to reach out to their insureds to provide information on claim filing processes for damages related to the weather emergency.

If an insurer or a resident has a concern that fraud may have occurred, or that a fraudulent claim has been filed, they should contact the OSI Fraud Bureau at (505) 827-4549.