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 70.14 - Physicians and surgeons medical malpractice policy provisions for the period commencing July 1, 1992; established rates
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Section 40 of chapter 266 of the Laws of 1986, as amended by section 58 of chapter 165 of the Laws of 1991, requires the superintendent to establish rates for physicians and surgeons medical malpractice policies for the policy period July 1, 1992 through June 30, 1993 and establish a surcharge, of up to 25 percent, on the rates for such medical malpractice policies for the policy period July 1, 1992 through June 30, 1993, if required to satisfy any deficiency for the policy periods July 1, 1985 through June 30, 1991.
(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 58 of chapter 165 of the Laws of 1991, 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 and has determined that a deficiency exists in one instance.
(c) Rates and surcharges for occurrence policies providing primary coverage, up to $1 million/$3 million, issued or renewed during the period July 1, 1992 through June 30, 1993, shall be as follows:
Territory 00 Remainder of State |
Territory 01 New York Orange Ulster Westchester |
Territory 02 Bronx Kings Queens Richmond Rockland Sullivan |
Territory 03 Nassau Suffolk |
Territory 04 Putnam Dutchess Columbia Greene |
Territory 05 Erie Niagara |
||
Old Class |
New Class |
||||||
1 |
1 |
-17.4 |
+4.6 |
+4.6 |
+4.6 |
+4.6 |
-6.1 |
3 |
2[DAGGER] |
-14.3 |
+8.6 |
+8.6 |
+8.6 |
+8.6 |
-2.4 |
2 |
3[DAGGER] |
-20.5 |
+0.7 |
+0.7 |
+0.7 |
+0.7 |
-9.6 |
4 |
4 |
-17.4 |
+4.6 |
+4.6 |
+4.6 |
+4.6 |
-6.1 |
5 |
5 |
-17.4 |
+4.6 |
+4.6 |
+4.6 |
+4.6 |
-6.1 |
6 |
6 |
-17.4 |
+4.6 |
+4.6 |
+4.6 |
+4.6 |
-6.1 |
7 |
7 |
-17.4 |
+4.6 |
+4.6 |
+4.6 |
+4.6 |
-6.1 |
8 |
8 |
-17.4 |
+4.6 |
+4.6 |
+4.6 |
+4.6 |
-6.1 |
9 |
9 |
-17.4 |
+4.6 |
+4.6 |
+4.6 |
+4.6 |
-6.1 |
10 |
10 |
-17.4 |
+4.6 |
+4.6 |
+4.6 |
+4.6 |
-6.1 |
11 |
11 |
-17.4 |
+4.6 |
+4.6 |
+4.6 |
+4.6 |
-6.1 |
12 |
12 |
-17.4 |
+4.6 |
+4.6 |
+4.6 |
+4.6 |
-6.1 |
13 |
13 |
-17.4 |
+4.6 |
+4.6 |
+4.6 |
+4.6 |
-6.1 |
14 |
14 |
-13.3 |
+9.8 |
+9.8 |
+9.8 |
+9.8 |
-1.4 |
14 |
15* |
-17.4 |
+4.6 |
+4.6 |
+4.6 |
+4.6 |
-6.1 |
[DAGGER] Obstetrician/gynecologists previously in Class 3 are now in Class 2 and orthepedic surgeons previously in Class 2 are now in Class 3.
* Class 15 now includes all specialties previously in Class 14 except neurologists (excluding the supervision, direction, or performance of myelography, angiography and/or pneumoencephalography) who remain in Class 14.
Territory 00 Remainder of State |
Territory 01 New York Orange Ulster Westchester |
Territory 02 Bronx Kings Queens Richmond Rockland Sullivan |
Territory 03 Nassau Suffolk |
Territory 04 Putnam Dutchess Columbia Greene |
Territory 05 Erie Niagara |
|
Class |
||||||
1 |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
2 |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
3 |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
4 |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
5 |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
5A |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
6 |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
6A |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
8 |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
8A |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
9 |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
9A |
10.0 |
10.0 |
13.3 |
18.8 |
15.5 |
18.8 |
9B* |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
10 |
0.0 |
0.0 |
3.0 |
8.0 |
5.0 |
8.0 |
* Class 9B now includes all specialties previously in Class 9A except pediatricians who remain in Class 9A.
(d) Rates for policies providing excess coverage issued or renewed during the period July 1, 1992 through June 30, 1993 shall be as follows, and no surcharges shall be collected on these policies:
(e) Claims-made primary and excess coverage rates.
Year in Claims-Made Program |
Claims-Made Factor |
First |
31% |
Second |
64 |
Third |
85 |
Fourth |
94 |
Fifth |
99 |
Sixth |
102 |
Seventh |
104 |
Eighth and later |
105 |
Number of years completed in Claims-Made Program |
Tail Factor |
One |
74.8% |
Two |
122.1 |
Three |
146.4 |
Four |
162.4 |
Five |
173.3 |
Six |
181.0 |
Seven |
186.7 |
Eight or more |
190.6 |
(f) Rates for claims-made policies where the physician, while receiving coverage under a claims-made policy, changes classification or territory.
Last Completed Claims-Made Step Prior to Change |
Change in Risk Factor |
One |
.65 |
Two |
.58 |
Three |
.49 |
Four |
.41 |
Five |
.32 |
Six |
.24 |
Seven |
.16 |
Eight |
.08 |
Nine or more |
.00 |
(g) Excess coverage-types of policies; required tail.
(h) Rates for claims-made and tail excess coverage policies purchased by hospitals.
The aggregate rate for a claims-made excess policy and its simultaneously issued tail, purchased by a general hospital on behalf of physicians, shall equal the corresponding occurrence excess coverage rate.
(i) Required filings.
Footnotes
[DAGGER] Obstetrician/gynecologists previously in Class 3 are now in Class 2 and orthepedic surgeons previously in Class 2 are now in Class 3.
* Class 15 now includes all specialties previously in Class 14 except neurologists (excluding the supervision, direction, or performance of myelography, angiography and/or pneumoencephalography) who remain in Class 14.