A. The following records created or maintained by the risk management division of the general services department are confidential and shall not be subject to any right of inspection by any person except the New Mexico legislative council or a state employee within the scope of the New Mexico legislative council’s or state employee’s official duties:

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Terms Used In New Mexico Statutes 15-7-9

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

(1)     records pertaining to insurance coverage; provided that any record of a particular coverage shall be available to any public officer, public employee or governmental entity insured under such coverage; and

(2)     records pertaining to claims for damages or other relief against any governmental entity or public officer or employee; provided that the records shall be subject to public inspection on and after the earliest of:

(a) the date a final judgment is issued resolving the claim and all appeals and rights to appeal have been exhausted; or

(b) the date a settlement agreement is signed by all of the parties.

B. Records protected pursuant to Subsection A of this section shall be made available as necessary for purposes of audit or defense. Any person performing such audit or providing such defense shall keep such records confidential, except as required otherwise by law.