New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 70 - Medical Malpractice Insurance Rate Modifications, Provisional Rates, Required Policy Provisions And Availability Of Additional Coverages › Section 70.21 - Physicians and surgeons medical malpractice policy provisions for the period commencing July 1, 1999; established rates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 40 of chapter 266 of the Laws of
				  1986, as amended by section 9 of chapter 147 of the Laws of 1999, requires the
				  superintendent to establish rates for physicians and surgeons medical
				  malpractice policies for the policy period July 1, 1999, through June 30, 2000,
				  and establish a surcharge, of up to eight percent, on the rates for such
				  medical malpractice policies for the policy period July 1, 1999, through June
				  30, 2000, if required to satisfy any deficiency for the policy periods July 1,
				  1985, through June 30, 1998.
(b)
				  The superintendent has reviewed the reports mandated by section
				  70.8(h)  and
				  former section
				  70.9(f)  of this
				  Part, taken into account the factors set forth for consideration in section 9
				  of chapter 147 of the Laws of 1999, and evaluated the financial condition of
				  insurers issuing policies of medical malpractice insurance, as reflected by
				  examinations conducted in accordance with section 310  of the Insurance Law. As
				  a result of review and consideration, the superintendent has determined that a
				  deficiency exists, in one instance, for the policy periods July 1, 1985,
				  through June 30, 1998.
(c) Rates
				  and surcharges for occurrence policies providing primary coverage, up to $1
				  million/$3 million, issued or renewed during the period July 1, 1999, through
				  June 30, 2000, shall be as follows:
(1) For
				  Academic Health Professionals Insurance Association, the rate adjustments shall
				  be as indicated in paragraph (8) of this subdivision, which also reflects
				  territory modifications approved by the superintendent in accordance with
				  section 2307 (a)  of the Insurance Law. No surcharge shall be collected for this
				  insurer.
(2) For Frontier Insurance
				  Company, the rate adjustments shall be as indicated in paragraph (9) of this
				  subdivision, which also reflects territory modifications approved by the
				  superintendent in accordance with section 2307 (a)  of the Insurance Law. No
				  surcharge shall be collected for this insurer.
(3) For Group Council Mutual Insurance
				  Company, rates shall be those established pursuant to section
				  70.20(c)(3)  of
				  this Part. In addition, a surcharge of four percent shall be collected for this
				  insurer.
(4) For Medical Liability
				  Mutual Insurance Company, the rate adjustments shall be as indicated in
				  paragraph (8) of this subdivision, which also reflects territory modifications
				  approved by the superintendent in accordance with section 2307 (a)  of the
				  Insurance Law. No surcharge shall be collected for this insurer.
(5) For the Medical Malpractice Insurance
				  Association, the rate adjustments shall be as indicated in paragraph (8) of
				  this subdivision, which also reflects territory modifications approved by the
				  superintendent in accordance with section 2307 (a)  of the Insurance Law. No
				  surcharge shall be collected for this insurer.
(6) For Physicians Reciprocal Insurers, the
				  rate adjustments shall be as indicated in paragraph (10) of this subdivision,
				  which also reflects classification and territory modifications approved by the
				  superintendent in accordance with section 2307 (a)  of the Insurance Law. No
				  surcharge shall be collected for this insurer.
(7) For all other insurers, rates shall be
				  those established by paragraph (4) of this subdivision, modified by the
				  difference between the insurer's expenses and those of the Medical Liability
				  Mutual Insurance Company, unless the insurer can demonstrate to the
				  satisfaction of the superintendent that another rate is appropriate. No
				  surcharge shall be collected for any such insurer unless specifically required
				  by the superintendent.
(8) Rate
				  adjustments for the Academic Health Professionals Insurance Association, the
				  Medical Liability Mutual Insurance Company and the Medical Malpractice
				  Insurance Association:
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(9) Rate
				  adjustments for the Frontier Insurance Company:
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(10) Rate
				  adjustments for Physicians Reciprocal Insurers:
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