435C-6 Directors.
§435C-6 Directors. The plan shall be governed by a board of eleven directors, ten to be selected annually. Five directors shall be elected by cumulative voting by the members of the plan, whose votes in such election shall be weighted in accordance with each member’s net direct premiums written during the preceding calendar year. Three […]
435C-7 Appeals and judicial review.
§435C-7 Appeals and judicial review. Any applicant to the plan, any person insured pursuant to this chapter, or their representatives, or any affected insurer, may appeal to the insurance commissioner within thirty days after any ruling, action or decision by or on behalf of the plan, with respect to those items the plan of operation […]
435C-8 Privileged communications.
§435C-8 Privileged communications. There shall be no liability on the part of, and no cause of action of any nature shall arise against the plan, its agents or employees, an insurer, any producer, or the insurance commissioner or the commissioner’s authorized representatives, for any statements made in good faith by them in any reports or […]
435C-9 Annual statements.
§435C-9 Annual statements. The plan shall file in the office of the insurance commissioner annually on or before the fifteenth day of March, a statement which shall contain information with respect to its transactions, conditions, operations and affairs during the preceding year. Such statement shall contain such matters and information as are prescribed and shall […]
435C-10 Examinations.
§435C-10 Examinations. The insurance commissioner shall make an examination into the affairs of the plan at least annually. Such examination shall be conducted and the report thereon filed in the manner prescribed in section 431:2-302. The expenses of every such examination shall be borne and paid by the plan in the manner prescribed by section […]
435C-11 Initiation of plan.
§435C-11 Initiation of plan. The plan becomes operational at the direction of the insurance commissioner, upon a finding that medical malpractice insurance is not or will not be readily available in this State to the majority of the physicians and hospitals. Upon a finding by the insurance commissioner that medical malpractice insurance has become readily […]
435C-1 Purpose.
§435C-1 Purpose. The purpose of this chapter is to provide a contingency plan to be instituted by the insurance commissioner upon the unavailability of medical malpractice insurance in this State. [L 1975, c 161, pt of §1] Cross References Medical torts, see chapter 671.
435C-2 Definitions.
§435C-2 Definitions. As used in this chapter: “Medical malpractice insurance” means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician […]
435C-3 Joint underwriting plan, establishment.
§435C-3 Joint underwriting plan, establishment. (a) A joint underwriting plan is established, consisting of all insurers authorized to write and engaged in writing casualty insurance in this State on a direct basis. Each insurer shall be a member of the plan and shall maintain membership as a condition of its licensure to transact such insurance […]
435C-4 Procedures.
§435C-4 Procedures. (a)(1) Any licensed physician or hospital shall, on or after the effective date of the plan of operation, apply to the plan for such coverage. Such application may be made on behalf of an applicant by a producer authorized by the applicant. (2) If the plan determines that the applicant meets the underwriting […]