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By: Dax Kastrin

Owner of Elemental Risk Management

505-933-6511

Whether you're a startup medical drug company or an established one, there's no question that you'll need to have the right insurance coverage in place. This is especially true in New Mexico, where healthcare laws and regulations can be complex.


Common risks that medical drug companies may face in New Mexico include product liability claims, personal injury claims from employees, data breach and cyber security risks, premises liability claims from customers, professional negligence claims from healthcare providers or patients, intellectual property infringement cases, and environmental liabilities.


For each of these risks, there are insurance policies that can provide protection against the cost of a claim.


Best Deals for New Mexico Pharmaceutical Companies


We at Elemental Risk Management (ERM) are New Mexico's leading independent insurance agent, and we specialize in providing the most comprehensive coverage to medical drug companies and pharmaceutical businesses in the state. Our team of experienced professionals has extensive knowledge about all types of coverage needed to protect your business.



Contact us today to learn more about our customized insurance packages and get the best deal for your New Mexico medical drug company. We look forward to helping you protect your business from all potential risks.

Our Insurance Plans are Available to all New Mexico Pharmaceutical Companies



Whether you're a large pharmaceutical company, a small medical drug business, or anything in between, our insurance plans are available to all New Mexico pharmaceutical companies. We serve:


  • Large-scale pharmaceutical companies
  • Small-scale medical drug businesses
  • Organic drug manufacturers
  • Homeopathic medication producers
  • Compound pharmacies
  • Wholesale distributors of prescription drugs
  • Pharmaceutical repackagers and relabelers
  • Medical device manufacturers
  • Pharmacy benefit managers (PBMs)
  • Third-party logistics (3PLs) providers
  • Online pharmaceutical retailers
  • Veterinary drug manufacturers and distributors
  • Clinical research organizations (CROs)
  • Drug discovery companies
  • Pharmaceutical consulting firms.


We understand that you may have specific coverage needs based on the type of products and services your business offers, so we make a point to provide customized insurance packages that are tailored to your unique situation.

Product Liability Insurance for New Mexico Medical Drug Companies


Product liability insurance is a form of commercial insurance that covers the policyholder against claims arising from injuries or damages caused by their products. This insurance helps protect companies from the financial consequences of legal actions, settlements, and court judgments.


Why Do New Mexico Pharmaceutical Companies Need Product Liability Insurance?


Medical drug companies in New Mexico are subject to strict regulations and rigorous testing standards. Despite these precautions, there is always the risk of product defects, side effects, and other issues that could lead to patient harm. In such cases, companies may face costly lawsuits and reputational damage.


Product liability insurance can help cover:


  • Legal defense costs: This includes the cost of attorneys, court expenses, and any legal fees associated with defending your company against a product liability claim.
  • Settlements or judgments: For cases that are settled out of court, or if a judgment is awarded against your company, product liability insurance can help cover the costs.
  • Reputational damage: Product liability claims can lead to public scrutiny and tarnished reputations. This type of coverage can help protect you from potential losses caused by reputation damage.


When selecting product liability insurance for your New Mexico medical drug company, consider a policy with adequate coverage limits to protect against potential financial losses. This will depend on the size of your company, the types of products you manufacture, and your risk tolerance. Be sure to carefully review any policy exclusions to ensure you have adequate coverage for the specific risks associated with your business.


Additionally, you should consider whether your pharmaceutical product liability policy includes subcontractors. If you hire third parties for services related to product development or manufacturing, make sure they are properly included in the policy or have their own relevant coverage. Finally, consider whether your policy covers clinical trials and FDA approval, as well as international sales.


Claims-Made vs. Occurrence-Based Product Liability Insurance 


Pharmaceutical product liability insurance is typically written on a "claims-made" or an "occurrence-based" basis. A claims-made policy covers claims made during the policy period, regardless of when the incident occurred. An occurrence-based policy covers incidents that occur during the policy period, regardless of when they are reported.



Claims-made policies may require additional coverage options, such as a retroactive date or tail coverage to protect against claims arising from incidents that occurred prior to the policy period.

General Liability Insurance


Medical drug companies in New Mexico are exposed to a range of potential liabilities during their daily operations. Even with strict safety protocols and quality control measures in place, accidents and incidents can still occur. General liability insurance can help protect companies from the financial consequences of these events.


Some reasons for New Mexico medical drug companies to have general liability insurance include:


  • Bodily injury claims: If a visitor to your facility is injured, you could be held liable for their medical expenses and other damages. General liability insurance can help cover these costs.
  • Property damage claims: If your company's operations cause damage to someone else's property, you may be held responsible for repair or replacement costs. General liability coverage can help protect you in such situations.
  • Personal and advertising injury claims: General liability insurance can also cover claims related to personal and advertising injuries, such as defamation, invasion of privacy, or copyright infringement.
  • Legal defense and judgment costs: Defending against liability claims can be expensive, even if the claim is ultimately found to be without merit. General liability insurance can cover attorney fees, court costs, and other expenses associated with legal defense, as well as any settlements or judgments.


It is important to evaluate your insurance needs carefully and find a policy that provides the right level of protection for your company. By finding the right coverage, you can rest assured that your business is safeguarded against potential liability claims.

Data Breach and Cyber Liability Insurance


New Mexico medical drug companies also need to consider data breach and cyber liability insurance. This coverage can provide financial protection in the event of a hacking incident, malware attack, or other cybersecurity threat. It can cover costs associated with notification and remediation services, as well as any legal fees or settlements related to identity theft or other data breaches. Without this type of coverage, your business could be vulnerable to legal action and large financial losses.

Professional Liability Insurance


Pharmaceutical companies that provide services or products to clients should also consider professional liability insurance. This type of coverage is designed to protect businesses from claims related to negligence, errors and omissions, product defects, and other mistakes that could lead to financial losses for a client or customer. Professional liability insurance can cover the cost of legal fees associated with such claims as well as any settlements or judgments you may owe.


The difference between general liability insurance and professional liability insurance is the scope of coverage. General liability covers bodily injury, property damage, and other types of claims related to your business premises or activities. Professional liability insurance specifically focuses on claims arising from errors or omissions by you or your employees in providing services or products to customers.

Intellectual Property Insurance


Intellectual property insurance is a type of coverage designed to protect businesses from legal claims related to the infringement or misuse of another party’s intellectual property, such as trademarks, trade secrets, patents, and copyrighted materials. This coverage can provide financial protection in the event of an infringement lawsuit or other litigation over intellectual property rights. It can also help cover associated legal costs.

Workers' Compensation Insurance


Any New Mexico medical drug company that has three or more employees must purchase workers' compensation insurance. This type of coverage is designed to protect businesses in the event one of their employees suffers an injury or illness related to their job. A New Mexico worker’s compensation insurance policy will cover medical expenses associated with the injury, as well as any resulting wages lost while they are unable to work.

Commercial Auto Insurance


If your business owns or operates any vehicles, it is important to invest in commercial auto insurance. This type of coverage will protect you if an employee causes an accident while driving a company car or truck. It can also cover damages and medical expenses incurred by third parties involved in the accident. Additionally, some types of commercial auto insurance policies may provide protection against theft, vandalism, and other related events. Minimum liability requirements per vehicle in New Mexico are $25,000 for bodily injury per person, $50,000 for total bodily injury per accident, and $10,000 for property damage.

Get a Custom Quote for Your New Mexico Medical Drug Company


The types of insurance that your New Mexico medical drug company requires will depend on its size and unique needs. Let the skilled insurance agents at Elemental Risk Management (ERM) help you identify the best coverage for your business. We will work with you to build a customized insurance policy that offers the protection your company needs. Reach out to us today for more information and get started on securing your business’s financial future.

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If you are preparing to start a valet service at your business, be sure to consider safety issues, legal requirements, and additional coverage options so that you can find the best possible coverage for your budget and needs. 

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