1. A. Every ski area operator shall file with the department of transportation and keep on file with the department proof of financial responsibility in the form of a current insurance policy in a form approved by the department, issued by an insurance company authorized to do business in the state and conditioned to pay, within the limits of liability prescribed in this section, all final judgments for personal injury or property damage proximately caused by or resulting from negligence of the ski area operator covered by the policy, as such negligence is defined and limited by the Ski Safety Act. The minimum limits of liability insurance to be provided by ski area operators shall be as follows:

   SKI SAFETY ACT LIABILITY INSURANCE LIMITS OF LIABILITY REQUIRED MINIMUM COVERAGES FOR INJURIES, DEATH OR DAMAGES LIMITS FOR BODILY INJURY TO OR DEATH LIMITS FOR BODILY OF ALL PERSONS KIND AND NUMBER INJURY TO OR DEATH INJURED OR KILLED PROPERTY OF LIFTS OPERATED OF ONE PERSON IN ANY ONE ACCIDENT DAMAGE Not more than three surface lifts $ 100,000 $ 300,000 $ 5,000 Not more than three ski lifts, including one or more chair lifts 250,000 500,000 25,000 More than three ski lifts or one or more tramways 500,000 1,000,000 50,000.

   SKI SAFETY ACT

   LIABILITY INSURANCE

   LIMITS OF LIABILITY

   REQUIRED MINIMUM COVERAGES

   FOR INJURIES, DEATH OR DAMAGES

   LIMITS FOR BODILY

   INJURY TO OR DEATH

   LIMITS FOR BODILY

   OF ALL PERSONS

   KIND AND NUMBER

   INJURY TO OR DEATH

   INJURED OR KILLED

   PROPERTY

   OF LIFTS OPERATED

   OF ONE PERSON

   IN ANY ONE ACCIDENT

   DAMAGE

   Not more than

   three surface lifts

   $ 100,000

   $ 300,000

   $ 5,000

   Not more than

   three ski lifts,

   including one or more

   chair lifts

   250,000

   500,000

   25,000

   More than three

   ski lifts or one

   or more tramways

   500,000

   1,000,000

   50,000.

2. B. No ski lift or tramway shall be operated in this state after the effective date of the Ski Safety Act unless a current insurance policy as required by this section is in effect and properly filed with the department of transportation. Each policy shall contain a provision that it cannot be canceled prior to its expiration date without thirty days' written notice of intent to cancel served by registered mail on the insured and on the department.

History: 1953 Comp., § 12-16-4, enacted by Laws 1969, ch. 218, § 4; recompiled as 1953 Comp., § 12-28-4, by Laws 1972, ch. 51, § 9; 1997, ch. 211, § 3; 2023, ch. 100, § 13.

ANNOTATIONS

Cross references. — For duties of operators, see 24-15-7 NMSA 1978.

For public regulation commission, see N.M. Const., art. XI, § 1.

The 2023 amendment, effective July 1, 2024, removed references to the state corporation commission due to the transfer of certain powers and duties to the department of transportation; and substituted each occurrence of "state corporation commission" with "department of transportation" and each occurrence of "commission" with "department" throughout the section.

The 1997 amendment, effective June 20, 1997, designated the existing paragraphs as Subsections A and B respectively, in Subsection A, added the table heading which reads "SKI SAFETY ACT LIABILITY INSURANCE LIMITS OF LIABILITY REQUIRED MINIMUM COVERAGES FOR INJURIES, DEATH OR DAMAGES", increased the minimum limits of liability insurance throughout the table, and made a minor stylistic change in Subsection B.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 27A Am. Jur. 2d Entertainment and Sports Law § 4.