§33-20E-1. Short Title
This article may be cited as the "West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act."
§33-20E-10. Duties and Powers of Commissioner
(a) The commissioner shall, upon request of the board, provide the association with a statement of the net direct written premiums of each member insurer. (b) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to comply with […]
§33-20E-11. Eligibility for Coverage
(a) Only those health care providers who are unable to obtain medical professional liability insurance because it is not available through the voluntary insurance market from insurers licensed to transact insurance in West Virginia at rates approved by the commissioner are eligible to obtain coverage through the association: Provided, That any health care provider who […]
§33-20E-12. Issuance of Policy
(a) If an eligible applicant meets the underwriting standards and other requirements and conditions of the association as set forth in the approved plan of operation and there is no unpaid, uncontested premium, charge or assessment due from the applicant for any prior insurance of the same kind, the association, upon receipt of the premium, […]
§33-20E-13. Rates; Initial Filing; Basis for Rates and Premiums
(a) The rates, rating plans, rating rules and rating classifications applicable to insurance written by the association are subject to the provisions of article twenty-b of this chapter. Policy forms applicable to insurance written by the association must conform to the requirements of the provisions of section eight, article six of this chapter. (b) Within […]
§33-20E-14. The Medical Professional Liability Insurance Fund; Capitalization; Transfer of Assets and Liabilities to Board of Directors
(a) There is hereby established a special revenue fund, to be known as the "medical professional liability insurance fund," into which any initial capital, surplus or premiums or assessments charged and collected by the state board under the provisions of the interim plan shall be deposited. (b) A portion of the association's initial capital and […]
§33-20E-15. Deposit of Funds; Investments; Premium Tax Liability; State Not Responsible for Liabilities or Expenses of Association
(a) The board shall deposit all sums transferred from the state board into an account of the association as specified in the final plan of operation. (b) The board may invest sums from the association's account. Any interest earned on investments or any profit generated by collection of premiums or other means shall be returned […]
§33-20E-16. Deficit; Recoupment; Assessments; Reimbursement of Members
(a) A deficit sustained by the association in any one calendar year may be recouped, pursuant to the plan of operation then in effect, by one or more of the following procedures: (1) A contribution from a reserve fund, if any, until the same is exhausted;
§33-20E-17. Commissioner to Report to Board Termination of Authority to Transact Insurance
If the authority of a member to transact insurance in this state terminates for any reason, the commissioner shall notify the board.
§33-20E-18. Examination of Association
The association shall be subject to examination and regulation by the commissioner.
§33-20E-19. Annual Statements
The association shall file in the office of the commissioner, on or before March 30 of each year, a statement containing information with respect to its transactions, condition, operations, and affairs during the preceding calendar year. The commissioner shall prescribe the matters and information to be contained in and the form of the annual statement. […]
§33-20E-2. Legislative Findings
The Legislature finds and declares: (a) That recent developments in the voluntary insurance market have made it impossible for certain West Virginia health care providers to obtain professional liability insurance coverage from insurers licensed to transact insurance in this state; (b) That the unavailability of such insurance will have a deleterious effect on the quality […]
§33-20E-20. Immunity
There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the association, the board, the commissioner or their agents or employees for any action taken by them in the exercise and performance of their powers and duties under this article or for […]
§33-20E-21. Operative Date
The provisions of this article may only become operable upon the passage of a resolution by the Legislature. Any policies written under this article may have an effective date retroactive to the operative date.
§33-20E-3. Intent and Purpose
The purpose of this article is to create a mechanism to provide medical professional liability insurance to health care providers who are unable to secure such coverage at approved rates through the voluntary market, in order to preserve public health programs and services for the citizens of this state.
§33-20E-4. Definitions
As used in this article, the following terms have the meanings set forth below: (a) "Association" means the joint underwriting association created by this article. (b) "Board" means the board of directors established pursuant to section six of this article. (c) "Commissioner" means the Insurance Commissioner of West Virginia. (d) "Health care provider" means a […]
§33-20E-5. Joint Underwriting Association
(a) There is hereby created a nonprofit unincorporated legal entity to be known as the West Virginia medical professional liability insurance joint underwriting association composed of member insurers. Every insurer authorized to write and engaged in writing, within this state, casualty insurance, on a direct basis, is and shall remain a member insurer, as a […]
§33-20E-6. Board of Directors
(a) The administrative powers of the association shall be vested in a board of directors, which shall consist of nine persons serving terms established in the plan of operation. Seven of the board members shall be representatives of the member insurers and shall be appointed by the commissioner, with consideration given to whether all member […]
§33-20E-7. Association's Powers and Duties
(a) The association has, for purposes of this article and to the extent approved by the commissioner, the general powers and authority granted under the laws of this state to insurers licensed to transact insurance as defined in article one, chapter thirty-three of this code. (b) The association may take any necessary action to make […]
§33-20E-8. State Board of Risk and Insurance Management to Exercise Board of Directors' Powers Temporarily; Interim Plan of Operation
(a) Prior to the commissioner's approval of the final plan of operation in accordance with section nine of this article, the administrative powers of the association will be exercised by the state Board of Risk and Insurance Management. (b) The state board shall submit to the commissioner an interim plan of operation consistent with the […]