519A.1 Intent. 1. The general assembly finds that a critical situation exists because of the high cost and impending unavailability of medical malpractice insurance. The purposes of sections 519A.2 through 519A.13 are to assure that the public is adequately protected against losses arising out of medical malpractice by providing licensed health care providers with medical […]
519A.10 Appeals and judicial review. 1. Any applicant or any person insured pursuant to section 519A.7, or a legal representative, or any affected insurer, may appeal to the commissioner within thirty days after any ruling, action or decision by or on behalf of the association, with respect to those items the plan of operation defines […]
519A.11 Annual statements. The association shall file in the office of the commissioner on or before the first day of March each year, a statement as prescribed by the commissioner. The statement shall contain matters and information required by the commissioner including, but not limited to, information with respect to its transactions, condition, operations and […]
519A.12 Examinations. The commissioner shall make an examination of the association at least annually. The expenses of each examination shall be paid by the association. [C77, 79, 81, §519A.12] Referred to in §519A.1, 519A.2, 519A.3, 519A.4, 519A.5, 519A.10, 519A.13
519A.13 Privileged communications. There shall be no liability on the part of, and no cause of action of any nature shall arise against the association, the commissioner, or any other person or organization, for any statements made in good faith by any of them in any report or communication concerning risks insured or to be […]
519A.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Association” means the joint underwriting association established pursuant to this section and sections 519A.3 through 519A.13. 2. “Commissioner” means the commissioner of insurance or a designee. 3. “Licensed health care provider” means and includes a physician and surgeon, osteopathic physician and surgeon, […]
519A.3 Temporary joint underwriting association. 1. A temporary joint underwriting association is created, consisting of all insurers authorized to write and engaged in writing on a direct basis within this state liability insurance, including insurers covering such peril in multiple peril policies. Every such insurer shall be a member of the association and shall remain […]
519A.4 Plan of operation. 1. a. The association shall submit a plan of operation to the commissioner, together with any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the association consistent with sections 519A.2, 519A.3, this section, and sections 519A.5 through 519A.13. The plan of operation and any amendments thereto […]
519A.5 Policy forms and rates. 1. The rates, rating plans, rating classifications, and policy forms and endorsements applicable to insurance written by the association and the statistical and experience data relating thereto shall be subject to sections 519A.2 through 519A.4, this section, and sections 519A.6 through 519A.13 and to the provisions of the general insurance […]
519A.6 Stabilization reserve fund. 1. There is created a stabilization reserve fund. The fund shall be administered by three directors, one of whom shall be the commissioner. The remaining two directors shall be appointed by the commissioner, one of whom shall be a representative of the association and the other a representative of its policyholders. […]
519A.7 Procedures. 1. Upon a finding by the commissioner, after notice and opportunity for hearing, that medical malpractice insurance is not available at a reasonable cost for a specific type of licensed health care provider in the voluntary market and upon notification of that finding to the association, any licensed health care provider of the […]
519A.8 Participation. All members of the association shall participate in its writings, expenses, servicing allowance, management fees and losses in the proportion that the net direct premiums of each member, excluding that portion of premiums attributable to the operation of the association, written during the preceding calendar year bears to the aggregate net direct premiums […]
519A.9 Governing board. 1. The association shall be governed by a board of eleven directors of whom three shall be appointed annually by the commissioner to represent the licensed health care providers. Eight members shall be elected annually, except as provided in subsection 2, by the members of the association. Vacancies on the board shall […]
