B. A legal defense offset provision otherwise prohibited in 13.11.2.8 NMAC may be included in a liability insurance policy only for the following types of risks or coverages, and only where liability limits for all liability risks and coverages under the policy are at least:

(1) $500,000:

(a) pollution and environmental impairment liability;

(b) directors and officers liability;

(c) governmental entity liability;

(d) employee benefit liability;

(e) fiduciary liability;

(f) media, publishing and advertising liability;

(g) errors and omissions liability; and

(h) professional liability, other than medical malpractice liability; or

(2) $5,000,000: any kind of commercial liability risk or coverage except:

(a) motor vehicle liability; or

(b) medical malpractice liability.

[10/13/88; 13.11.2.9 NMAC - Rn, 13 NMAC 11.2.9 NMAC, 6/30/04]