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Cyber Liability Insurance in New Mexico

A person owning or licensing personal identifying information of a New Mexico resident must notify residents reasonably believed affected as expediently as possible and no later than 45 calendar days after discovery. The enacted 2017 law permits a no-notice finding after an appropriate investigation finds no significant risk of identity theft or fraud, and preserves its specified exemptions and delay rules. 1,2

What Is Cyber Liability?

Cyber insurance can help pay covered response costs and claims against your business after a cyber incident. If your business relies on data, software or outside providers, compare response limits, vendor outages and approval rules. Read the national Cyber liability guide.

What to Watch for in New Mexico

  • Track the Discovery Date

    New Mexico’s 45-calendar-day outer limit runs from discovery, while the law also requires notice in the most expedient time possible. The clock applies to covered personal identifying information of residents and is subject to the Act’s exceptions; record both discovery and the reason for any delay. 1

  • Use the Statutory Risk Test

    After an appropriate investigation, resident notice is not required if the person determines the breach does not create a significant risk of identity theft or fraud. Keep that finding and its supporting investigation together rather than treating it as a policy coverage decision. 1

  • More Than 1,000 Residents Adds AG Notice

    For a single breach requiring notice to more than 1,000 New Mexico residents, notify the Attorney General and nationwide consumer reporting agencies within the same most-expedient/45-day standard. The AG also receives the recipient count and a copy of the resident notice. 1

Who Regulates Insurance in New Mexico

New Mexico Office of Superintendent of Insurance

New Mexico OSI licenses insurance producers and agencies, oversees insurers and reviews insurance forms and rates. Its Consumer Assistance Bureau accepts insurance complaints, including complaints involving commercial and business insurance. 3,4,5,6

Surplus-lines tax and stamping office

Reported tax rate: 3.003% of taxable surplus-lines premium (verify allocation and current return instructions) New Mexico’s surplus-lines tax is listed as 3.003% of taxable premium in the state’s surplus-lines tax-return instructions; confirm current allocation and filing treatment with the New Mexico Taxation and Revenue Department because its current program page distinguishes broker-placed surplus lines from independently procured insurance. Surplus-lines coverage is issued by an unauthorized insurer and is outside ordinary state guaranty-association protection; do not treat the separate self-procured tax as the surplus-lines broker tax. 7,8,9,10

Providers With Documented State Licenses

These providers publish a national listing for Cyber liability; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in New Mexico. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • At-BayAt-Bay Insurance Services LLCInsurance producer, Surplus-lines broker · checked 2026-09-28At-Bay’s license page lists P&C producer and surplus-lines broker license numbers for all 50 states and the District of Columbia. These are company disclosures and do not establish product availability in each jurisdiction. 11
  • CoalitionCoalition Insurance Solutions, Inc.Insurance producer, Surplus-lines broker · checked 2026-09-28Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. 12
  • HiscoxHiscox Insurance Company Inc.Insurer · checked 2026-09-28Hiscox’s U.S. company information states that Hiscox Insurance Company Inc. is licensed in all 50 states and the District of Columbia. This is company-reported insurer authority for this entity and does not establish which company issues every Hiscox-branded product. 13
  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 15
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 16

Questions to Ask Before You Buy in New Mexico

  1. What date did we discover the incident, and who tracks New Mexico’s 45-calendar-day outer limit?
  2. What investigation supports a determination that New Mexico notice is not required because significant risk is absent?
  3. If more than 1,000 New Mexico residents need notice, who sends the Attorney General the count and notice copy?

Cyber Liability in New Mexico: FAQ

What is New Mexico’s deadline for data breach notice? 1

As expediently as possible and no later than 45 calendar days after discovery, subject to the Act’s investigation and delay provisions. 1

Can a New Mexico business decide not to notify residents? 1

Yes, after an appropriate investigation determines the breach does not give rise to a significant risk of identity theft or fraud. 1

When must a New Mexico business notify the Attorney General? 1

For a single breach requiring notice to more than 1,000 New Mexico residents, within the same most-expedient-time/45-day standard, subject to statutory delay. 1

Cyber Liability in Other States

Other Coverage in New Mexico

Sources

  1. 2017 HB 15, Final Version — Data Breach Notification Act. New Mexico Legislature; §§2, 6, 8–10; signed April 6, 2017, Chapter 36; 45-day notice and exception provisions. Accessed 2026-09-28.
  2. 2017 HB 15 — Bill Status and Chaptered History. New Mexico Legislature; Final version and action history: Chapter 36, signed April 6, 2017; no claim that this bill page is a current code compilation. Accessed 2026-09-28.
  3. Office of the Superintendent of Insurance. New Mexico Office of Superintendent of Insurance; Official OSI homepage says it licenses individuals and agencies, oversees business insurance and reviews rates/forms. Accessed 2026-09-28.
  4. License Status Verification. New Mexico Office of Superintendent of Insurance; Official page says OSI/NAIC public verification checks producer, adjuster, surplus-lines broker and TPA license status. Accessed 2026-09-28.
  5. File a Complaint. New Mexico Office of Superintendent of Insurance; Official complaint page says OSI accepts complaints against insurers and agents; current agency page discusses complaint filing. OSI site redirects from www host, which the web verifier could not fetch. Accessed 2026-09-28.
  6. Consumer Assistance. New Mexico Office of Superintendent of Insurance; Official OSI page expressly includes commercial and business insurance complaints; consumer assistance. Accessed 2026-09-28.
  7. Surplus Lines Premium Tax Return (TRD-41397). New Mexico Taxation and Revenue Department; State tax return and instructions establish 3.003% rate; accessible as an official PDF download, but its revision date is not explicit in the current web-indexed copy. Accessed 2026-09-28.
  8. Insurance Premium Tax and Self-Insured Group Tax Programs. New Mexico Taxation and Revenue Department; Current program page distinguishes surplus-lines broker premium tax from self-procured nonadmitted-insurance tax under §7-40-3(A). It does not display the surplus-lines rate. Accessed 2026-09-28.
  9. NMSA 1978, Chapter 59A, Article 14, Surplus Lines Insurance. New Mexico Legislature / New Mexico Compilation Commission; Surplus-lines act; insurer notice, licensing and placement provisions. Direct statute host should be checked if it changes route. Accessed 2026-09-28.
  10. NMSA 1978, §59A-14-5. New Mexico Legislature / New Mexico Compilation Commission; Surplus-lines policy notice describes lack of state guaranty association protection. Accessed 2026-09-28.
  11. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  12. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  13. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  14. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  15. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  16. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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