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 70.18 - Physicians and surgeons medical malpractice policy provisions for the period commencing July 1, 1996; 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 128 of chapter 639 of the Laws of 1996, requires the superintendent to establish rates for physicians and surgeons medical malpractice policies for the policy period July 1, 1996, through June 30, 1997, and establish a surcharge, of up to eight percent, on the rates for such medical malpractice policies for the policy period July 1, 1996, through June 30, 1997, if required to satisfy any deficiency for the policy periods July 1, 1985, through June 30, 1995.
(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 128 of chapter 639 of the Laws of 1996, 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, 1995.
(c) Rates and surcharges for occurrence policies providing primary coverage, up to $1 million/$3 million, issued or renewed during the period July 1, 1996, through June 30, 1997, shall be as follows:
Old | New | Terr. | Terr. | Terr. | Terr. | Terr. | Terr. | Terr. |
Class | Class | 007 | 011 | 022 | 033 | 044 | 055 | 066 |
1 | 1 | -5.6% | 2.6% | 2.6% | 2.6% | 2.6% | -2.6% | -17.9% |
2 | 2 | -10.1% | -2.3% | -2.3% | -2.3% | -2.3% | -7.2% | -21.9% |
3 | 3 | -14.6% | -7.2% | -7.2% | -7.2% | -7.2% | -11.8% | -25.8% |
4 | 4 | -14.6% | -7.2% | -7.2% | -7.2% | -7.2% | -11.8% | -25.8% |
5 | 5 | -10.1% | -2.3% | -2.3% | -2.3% | -2.3% | -7.2% | -21.9% |
6 | 6 | -5.6% | 2.6% | 2.6% | 2.6% | 2.6% | -2.6% | -17.9% |
7 | 7 | -19.1% | -12.1% | -12.1% | -12.1% | -12.1% | -16.5% | -29.7% |
8 | 8 | -10.1% | -2.3% | -2.3% | -2.3% | -2.3% | -7.2% | -21.9% |
9 | 10 | -10.1% | -2.3% | -2.3% | -2.3% | -2.3% | -7.2% | -21.9% |
10 | 9 | -1.1% | 7.4% | 7.4% | 7.4% | 7.4% | 2.1% | -14.0% |
11 | 11 | -10.1% | -2.3% | -2.3% | -2.3% | -2.3% | -7.2% | -21.9% |
12 | 12 | -1.1% | 7.4% | 7.4% | 7.4% | 7.4% | 2.1% | -14.0% |
13 | 13 | -5.6% | 2.6% | 2.6% | 2.6% | 2.6% | -2.6% | -17.9% |
14 | 14 | -1.1% | 7.4% | 7.4% | 7.4% | 7.4% | 2.1% | -14.0% |
15 | 15 | -5.6% | 2.6% | 2.6% | 2.6% | 2.6% | -2.6% | -17.9% |
16 | 16 | -19.1% | -12.1% | -12.1% | -12.1% | -12.1% | -16.5% | -29.7% |
____
1Territory 01: New York, Orange and Westchester Counties
2Territory 02: Bronx, Kings, Queens, Richmond, Rockland and Sullivan Counties
3Territory 03: Nassau and Suffolk Counties
4Territory 04: Putnam, Dutchess, Columbia, Greene and Ulster Counties
5Territory 05: Erie and Niagara Counties
6Territory 06: Livingston, Monroe, Ontario, Seneca, Wayne and Yates Counties
7Territory 00: Remainder of State
Old | New | Terr. | Terr. | Terr. | Terr. | Terr. | Terr. | Terr. |
Class | Class | 007 | 011 | 022 | 033 | 044 | 055 | 066 |
1 | 1 | -3.4% | 5.0% | 5.0% | 5.0% | 5.0% | -0.3% | -16.0% |
2 | 2 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
3 | 3 | -12.6% | -5.0% | -5.0% | -5.0% | -5.0% | -9.8% | -24.0% |
4 | 4 | -12.6% | -5.0% | -5.0% | -5.0% | -5.0% | -9.8% | -24.0% |
5 | 5 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
6 | 6 | -3.4% | 5.0% | 5.0% | 5.0% | 5.0% | -0.3% | -16.0% |
7 | 7 | -17.2% | -10.0% | -10.0% | -10.0% | -10.0% | -14.5% | -28.0% |
8 | 8 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
9 | 10 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
10 | 9 | 1.2% | 10.0% | 10.0% | 10.0% | 10.0% | 4.5% | -12.0% |
11 | 11 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
12 | 12 | 1.2% | 10.0% | 10.0% | 10.0% | 10.0% | 4.5% | -12.0% |
13 | 13 | -3.4% | 5.0% | 5.0% | 5.0% | 5.0% | -0.3% | -16.0% |
14 | 14 | 1.2% | 10.0% | 10.0% | 10.0% | 10.0% | 4.5% | -12.0% |
15 | 15 | -3.4% | 5.0% | 5.0% | 5.0% | 5.0% | -0.3% | -16.0% |
16 | 16 | -17.2% | -10.0% | -10.0% | -10.0% | -10.0% | -14.5% | -28.0% |
18 | 18 | -17.2% | -10.0% | -10.0% | -10.0% | -10.0% | -14.5% | -28.0% |
24 | 24 | -1.1% | 7.5% | 7.5% | 7.5% | 7.5% | 2.1% | -14.0% |
1Territory 01: New York, Orange and Westchester Counties
2Territory 02: Bronx, Kings, Queens, Richmond, Rockland and Sullivan Counties
3Territory 03: Nassau and Suffolk Counties
4Territory 04: Putnam, Dutchess, Columbia, Greene and Ulster Counties
5Territory 05: Erie and Niagara Counties
6Territory 06: Livingston, Monroe, Ontario, Seneca, Wayne and Yates Counties
7Territory 00: Remainder of State
Old | New | Terr. | Terr. | Terr. | Terr. | Terr. | Terr. | Terr. |
Class | Class | 007 | 011 | 022 | 033 | 044 | 055 | 066 |
1 | 1 | -12.2% | -4.5% | -4.5% | -4.5% | -4.5% | -9.3% | -23.6% |
2 | 2 | -16.3% | -9.1% | -9.1% | -9.1% | -9.1% | -13.6% | -27.2% |
3 | 3 | -20.5% | -13.6% | -13.6% | -13.6% | -13.6% | -17.9% | -30.9% |
4 | 4 | -20.5% | -13.6% | -13.6% | -13.6% | -13.6% | -17.9% | -30.9% |
5 | 5 | -16.3% | -9.1% | -9.1% | -9.1% | -9.1% | -13.6% | -27.2% |
6 | 6 | -12.2% | -4.5% | -4.5% | -4.5% | -4.5% | -9.3% | -23.6% |
7 | 7 | -24.7% | -18.1% | -18.1% | -18.1% | -18.1% | -22.2% | -34.5% |
8 | 8 | -16.3% | -9.1% | -9.1% | -9.1% | -9.1% | -13.6% | -27.2% |
9 | 10 | -16.3% | -9.1% | -9.1% | -9.1% | -9.1% | -13.6% | -27.2% |
10 | 9 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
11 | 11 | -16.3% | -9.1% | -9.1% | -9.1% | -9.1% | -13.6% | -27.2% |
12 | 12 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
13 | 13 | -12.2% | -4.5% | -4.5% | -4.5% | -4.5% | -9.3% | -23.6% |
14 | 14 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
15 | 15 | -12.2% | -4.5% | -4.5% | -4.5% | -4.5% | -9.3% | -23.6% |
16 | 16 | -24.7% | -18.1% | -18.1% | -18.1% | -18.1% | -22.2% | -34.5% |
____
1Territory 01: New York, Orange and Westchester Counties
2Territory 02: Bronx, Kings, Queens, Richmond, Rockland and Sullivan Counties
3Territory 03: Nassau and Suffolk Counties
4Territory 04: Putnam, Dutchess, Columbia, Greene and Ulster Counties
5Territory 05: Erie and Niagara Counties
6Territory 06: Livingston, Monroe, Ontario, Seneca, Wayne and Yates Counties
7Territory 00: Remainder of State
Old | New | Terr. | Terr. | Terr. | Terr. | Terr. | Terr. | Terr. |
Class | Class | 007 | 011 | 022 | 033 | 044 | 055 | 066 |
1 | 1 | -3.4% | 5.0% | 5.0% | 5.0% | 5.0% | -0.3% | -16.0% |
2 | 2 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
3 | 3 | -12.6% | -5.0% | -5.0% | -5.0% | -5.0% | -9.8% | -24.0% |
4 | 4 | -12.6% | -5.0% | -5.0% | -5.0% | -5.0% | -9.8% | -24.0% |
5 | 5 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
6 | 6 | -3.4% | 5.0% | 5.0% | 5.0% | 5.0% | -0.3% | -16.0% |
7 | 7 | -17.2% | -10.0% | -10.0% | -10.0% | -10.0% | -14.5% | -28.0% |
8 | 8 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
9 | 10 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
10 | 9 | 1.2% | 10.0% | 10.0% | 10.0% | 10.0% | 4.5% | -12.0% |
11 | 11 | -8.0% | 0.0% | 0.0% | 0.0% | 0.0% | -5.0% | -20.0% |
12 | 12 | 1.2% | 10.0% | 10.0% | 10.0% | 10.0% | 4.5% | -12.0% |
13 | 13 | -3.4% | 5.0% | 5.0% | 5.0% | 5.0% | -0.3% | -16.0% |
14 | 14 | 1.2% | 10.0% | 10.0% | 10.0% | 10.0% | 4.5% | -12.0% |
15 | 15 | -3.4% | 5.0% | 5.0% | 5.0% | 5.0% | -0.3% | -16.0% |
16 | 16 | -17.2% | -10.0% | -10.0% | -10.0% | -10.0% | -14.5% | -28.0% |
____
1Territory 01: New York, Orange and Westchester Counties
2Territory 02: Bronx, Kings, Queens, Richmond, Rockland and Sullivan Counties
3Territory 03: Nassau and Suffolk Counties
4Territory 04: Putnam, Dutchess, Columbia, Greene and Ulster Counties
5Territory 05: Erie and Niagara Counties
6Territory 06: Livingston, Monroe, Ontario, Seneca, Wayne and Yates Counties
7Territory 00: Remainder of State
Old | New | Terr. | Terr. | Terr. | Terr. | Terr. | Terr. | Terr. |
Class | Class | 007 | 011 | 022 | 033 | 044 | 055 | 066 |
1A | 1A | 2.4% | 2.4% | 2.4% | 2.4% | 2.4% | 2.4% | -7.8% |
1B | 1B | 1.4% | 1.4% | 1.4% | 1.4% | 1.4% | 1.4% | -8.7% |
2 | 2 | -3.7% | -3.7% | -3.7% | -3.7% | -3.7% | -3.7% | -13.3% |
3 | 3B | -3.7% | -3.7% | -3.7% | -3.7% | -3.7% | -3.7% | -13.3% |
4 | 3A | -3.7% | -3.7% | -3.7% | -3.7% | -3.7% | -3.7% | -13.3% |
5 | 5 | 1.4% | 1.4% | 1.4% | 1.4% | 1.4% | 1.4% | -8.7% |
5A | 6C | -8.7% | -8.7% | -8.7% | -8.7% | -8.7% | -8.7% | -17.9% |
6A | 5B | 1.4% | 1.4% | 1.4% | 1.4% | 1.4% | 1.4% | -8.7% |
6B | 6E | -9.7% | -9.7% | -9.7% | -9.7% | -9.7% | -9.7% | -18.8% |
8 | 6D | 10.0% | 10.0% | 10.0% | 10.0% | 10.0% | 10.0% | -1.0% |
8A | 8A | 2.4% | 2.4% | 2.4% | 2.4% | 2.4% | 2.4% | -7.8% |
8B | 8B | 10.0% | 10.0% | 10.0% | 10.0% | 10.0% | 10.0% | -1.0% |
9 | 9 | 1.4% | 1.4% | 1.4% | 1.4% | 1.4% | 1.4% | -8.7% |
9C | 9C | 5.3% | 5.3% | 5.3% | 5.3% | 5.3% | 5.3% | -5.2% |
9D | 9D | 1.4% | 1.4% | 1.4% | 1.4% | 1.4% | 1.4% | -8.7% |
9E | 9E | 1.4% | 1.4% | 1.4% | 1.4% | 1.4% | 1.4% | -8.7% |
10 | 10 | 0.4% | 0.4% | 0.4% | 0.4% | 0.4% | 0.4% | -9.6% |
____
1Territory 01: New York, Orange and Westchester Counties
2Territory 02: Bronx, Kings, Queens, Richmond, Rockland and Sullivan Counties
3Territory 03: Nassau and Suffolk Counties
4Territory 04: Putnam, Dutchess, Columbia, Greene and Ulster Counties
5Territory 05: Erie and Niagara Counties
6Territory 06: Livingston, Monroe, Ontario, Seneca, Wayne and Yates Counties
7Territory 00: Remainder of State
(d) Rates for policies providing excess coverage issued or renewed during the period July 1, 1996, through June 30, 1997, 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.
(g) Excess coverage-types of policies.
(h) Required filings.