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News Posts from TriMountain Corp

Medical Malpractice Insurance

New Mexico Upholds Tort Limits

By John Davidson - March 22, 2021

Medical Malpractice Insurance
News about tort reform and medical malpractice claims, whether in state legislatures or the court system, are important for doctors and medical practices to follow, because they can quickly change the practice of medicine and malpractice insurance rates.

That is why it was big news that New Mexico's Supreme Court ruled unanimously to uphold the $600,000 limit for non-medical and non-punitive damages, even though the limit does not extend to punitive damages and compensation for medical and rehabilitative care. 

The five-member panel confirmed that a cap on some damages will be legal consequences when a jury determines the amount to reward. This ruling reverses a 2018 ruling from the Bernalillo County District Court, when the lower court declared that such caps were unconstitutional in a case where a woman was awarded $2.6M versus an Albuquerque doctor for a gynecological procedure gone bad. 

For more information about the ruling you can visit:


Employer Mandate - COVID-19 Vaccine

By Brooke Winslow - February 3rd, 2021

Employer Mandate - COVID-19 Vaccine
In the United States, private companies may opt to require employees to be vaccinated against COVID-19. Depending on the state, employees may also choose not to receive the vaccination in consideration of certain medical conditions, religious and, or personal beliefs. Union contracts could also interfere with employer vaccine mandates. The availability of the vaccine may also raise questions about the applicable equal employment opportunity (EEO) laws, including the ADA and the Rehabilitation Act, GINA, and Title VII, including the Pregnancy Discrimination Act.

If an employee is unable to receive the vaccination due to personal or religious beliefs or a medical condition, the employer may be required to make a reasonable effort to accommodate that employee.  As an example, they may transfer them to a different department, requiring separation and a mask or that they work remotely. The severity of the threat that the employee presents to the other team members should be determined.  In many instances, it may be relatively easy to to reduce or eliminate the risk of exposure to other employees. Employers, in some industries, may find it prudent to exclude non vaccinated employees from the workplace.  However, they may also be prohited from terminating an employee solely based on their willingness to receive the vaccination.

People have many different views regarding the vaccine. For example, almost two-thirds of tech workers say that they will not go back to the office unless the vaccination is required by their employer.  The statistics vary when looking at gender, age, and race. A survey conducted by the Associated Press and the Center for Public Affairs found that 47% of Americans were certain that they would like to receive the vaccine but only 40% of women said yes while 56% of men did. Many employers are offering the vaccine on a volunteer basis, like Ford Motor Co. and Kellog Co., so that employees have the option to receive the vaccination, but are not required to.

Employers who are considering mandating vaccines are strongly encouraged to engage qualified legal counsel before making any final decisions on this complex issue.

Insuring Your Bicycles

By Brooke Winslow - August 24, 2020

Insuring Your Bicycles
It is entirely possible that your bicycles may be even more valuable than your car. Yet, it is common for bikes to be an oversight when reviewing your homeowners insurance coverage and therefore uninsured. More specifically, on many common homeowner's policies, personal property away from home is limited to 10% of the personal property limit on the homeowners policy. Arguably even more important, the homeowners deductible may be at or near the replacement cost of the bike and therefore result in little to no actual coverage. For improved coverage while away from home, bicycles should be specifically scheduled as valuable articles on the homeowners policy. This will cover the bikes from "mysterious disappearance" which is important because upwards of 1.5 million bikes are stolen in the United States every year.  Also, it is typically possible to have a significantly lower deductible for this coverage as compared to the master homeowners policy deductible. Reach out to your TriMountain Corporation representative to see if valuable articles coverage makes sense for your bikes.