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| Home > Statutes > Usa-Arizona |
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USA Statutes : arizona
Title : Insurance
Chapter : PROFESSIONAL LIABILITY INSURANCE
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20-1721 Health care insurers; policy limits; eligibility; rates; applicability to other insurers; restrictions
A. Any person, pursuant to this article and to the otherwise applicable provisions
of title 20, to the extent that such other provisions are not inconsistent with this
article, may establish a domestic stock insurance company, a domestic mutual insurance
company or a reciprocal insurer, to issue professional liability and related casualty
insurance to any licensed health care provider holding a valid, nonsuspended license or
permit issued by this state.
B. Until October 1, 1980, the following provisions shall apply to the offering of
primary coverage professional liability insurance by health care insurers:
1. Primary coverage shall be made available by such insurers to every licensed
health care provider currently holding a nonsuspended permit or license issued by this
state and providing health care services in this state.
2. A health care insurer may reduce the scope of its insurance coverage for any
insured who has his license or permit restricted by his licensing agency or board in
accordance with such restriction, or may terminate coverage if such insured has his
license or permit suspended or revoked.
3. The rates for such coverage shall reflect past and prospective loss and expense
experience relating to that type of licensed health care provider and reasonably
recognized prior claims experience of the insured and shall be applied on the basis of
standard underwriting practices in the insurance industry.
4. The rates for such coverage may include assessments and surcharges for negative
underwriting experience.
C. On or after October 1, 1980, health care insurers shall not be subject to the
provisions contained in subsection B, but shall offer coverage as otherwise provided by
this title.
D. Coverage exceeding the limits of primary coverage may be made available by
health care insurers to licensed health care providers satisfying the insurer's
underwriting policies which may be established from time to time.
20-1722 Deposit; surplus requirements
A. Until October 1, 1985, the provisions of subsection A of section 20-260 shall
not apply to primary coverage issued by health care insurers established pursuant to this
article.
B. A health care insurance company established pursuant to the provisions of this
article shall maintain three hundred thousand dollars as a statutory deposit pursuant to
section 20-213 and such deposit shall be held by the state treasurer in accordance with
the provisions of chapter 3, article 3 of this title.
C. In addition to the statutory deposit required in subsection B, a health care
insurance company shall maintain additional surplus funds in the following amounts:
1. Seven hundred thousand dollars throughout the first year of operation,
2. One million seven hundred thousand dollars throughout the second year of
operation, and
3. Two million seven hundred thousand dollars throughout the third year of
operation and each subsequent year of operation.
D. The director shall not issue a certificate of authority to an insurer
established pursuant to this article until the deposit requirement specified in
subsection B and the surplus requirement specified in subsection C for the first year of
operation are satisfied.
20-1723 Exemption from mandatory participation in certain plans and associations
A. Until October 1, 1980, health care insurers shall be exempted from mandatory
participation in any joint underwriting plan and the ARIZONA insurance guaranty
association and their successor plans or associations.
B. Prior to October 1, 1980, if the insurer wishes to participate in any joint
underwriting plan, the ARIZONA insurance guaranty association or their successor plans or
associations, such insurer shall notify the director on forms prescribed by the director
within ninety days of receipt of its certificate of authority.
20-1724 Sale of professional liability insurance coverage for licensed health care providers by insurers other than by health care insurance companies; requirements; exemptions
A. Notwithstanding any other provision of this title, after the effective date of
this act and until October 1, 1980, any authorized insurer or surplus line broker
offering or proposing to offer professional liability insurance to any type of health
care provider, other than health care institutions, shall make such coverage available to
every health care provider within every underwriting or rating classification of such
type of health care provider. In offering such coverage the rates and scope of coverage
for any such health care provider shall be subject to the provisions of paragraphs 2, 3
and 4 of subsection B of section 20-1721.
B. Any authorized insurer or surplus line broker providing professional liability
insurance to licensed health care providers other than health care institutions on the
effective date of this section shall not be subject to the provisions of subsection A if
such insurer continues to make professional liability insurance available to all such
insureds on the same basis offered on the effective date of this section, except that
such insurer may reduce coverage to primary coverage limits set forth in section 20-1701,
paragraph 11 and may adjust rates for coverage in accordance with title 20, chapter 2,
article 4, and if such insurer does not offer coverage to any such health care provider
not insured by such insurer on the effective date of this section.
20-1731 Immunity for serving on or furnishing information to insurance review committees
A person who without malice and in good faith makes a decision or recommendation or
takes any action within the scope of his duties as a member, agent or employee of an
insurance review committee established by or at the request of an insurer for the purpose
of reviewing or evaluating applications for insurance, or for performing such other
underwriting or claim evaluation functions as are requested by the insurer, shall not be
subject to liability for civil damages therefor or any legal action in consequence
thereof, nor shall any person who without malice and in good faith furnishes any records,
information or assistance to such a committee be liable for civil damages therefor or any
legal action in consequence thereof.
20-1741 Annual statement to include certain claims and premium information
Each licensed insurer authorized to transact casualty insurance in this state and
which writes professional liability insurance shall, as part of the annual statement
required by section 20-223, report such professional liability claims and premium data as
shall be prescribed by the director of insurance.
20-1742 Insurers to report malpractice claims and actions; definition
A. Each health care insurer providing professional liability insurance to a health
professional as defined in section 32-3201 shall report to the appropriate health
profession regulatory board, except the ARIZONA medical board, within thirty days of its
receipt, any written or oral claim or action for damages for personal injury claimed to
have been caused by:
1. An error, omission or negligence in the performance of an insured's professional
services.
2. The performance of professional services without adequate informed consent.
3. An alleged breach of contract for professional services.
B. The reports required by subsection A of this section shall be confidential,
nondiscoverable and nonadmissible as evidence, shall be filed on such forms as the health
profession regulatory board, except the ARIZONA medical board, may require and shall
contain:
1. The name and address of the health professional involved in the claim.
2. The name and address of the person on whose behalf the claim is being filed.
3. The date of the occurrence that created the claim.
4. The date of the claim if a complaint is not simultaneously filed.
5. The date the complaint is filed, if applicable.
6. A summary of the occurrence on which the claim is based as stated by the
claimant.
7. Such other reasonable information related to the claim as the director may
require.
C. Every health care insurer required to report to the health profession regulatory
board pursuant to this section is required to advise the health profession regulatory
board of any settlements or judgments entered against a health professional as defined in
section 32-3201 within thirty days after the settlement was agreed to or the judgment was
entered in superior court.
D. There shall be no liability on the part of and no cause of action shall arise
against any health care insurer or its agents or employees reporting as required by this
section.
E. The health profession regulatory board shall notify each health care insurer
that is required to report pursuant to subsection A of this section of its duty to
report.
F. Nothing in this section limits the director of insurance from obtaining any of
the information required to be reported under this section.
G. For the purposes of this section "health profession regulatory board" means an
agency, board or commission that licenses, certifies or registers a health professional
as defined by section 32-3201.
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