N.Y.
Insurance Law Section 7436
Claims-made policies
- special requirements
(a)
Where a policy has been issued on a claims-made basis by an insurer against which an order of liquidation, rehabilitation or conservation has been entered pursuant to this article, the superintendent shall provide, at an appropriate additional premium by the insured and consistent with the terms of such policy, for the issuance of coverage for claims based on occurences prior to the termination of the policy which are reported after the termination of the policy, in the event that the insured seeks to purchase such coverage in accordance with the terms of such policy.(b)
If the order of liquidation, rehabilitation or conservation is entered against an insurer which has issued medical malpractice policies on a claims-made basis, then notwithstanding the entry of such order, the superintendent shall comply with the requirements for claims-made policies as set forth in subsections (b), (c) and (d) of § 3436 (Medical malpractice insurance)section three thousand four hundred thirty-six of this chapter and paragraphs two, three and four of subsection (f) of § 5504 (Policies)section five thousand five hundred four of this chapter.(c)
In the event that an insured, who has been issued a medical malpractice policy on a claim-made basis by an insurer against which an order of liquidation has been entered pursuant to this article, chooses to purchase coverage from a successor insurer, the superintendent shall expedite the transfer of coverage that has been accrued, for claims based on occurrences prior to the termination of the policy which are reported after the termination of the policy, to the successor insurer of each insured, in accordance with the requirement for claims-made policies as set forth in subsections (b), (c) and (d) of section three thousand four hundred thirty-six and paragraphs two, three and four of subsection (f) of § 5504 (Policies)section five thousand five hundred four of this chapter.
Source:
Section 7436 — Claims-made policies; special requirements, https://www.nysenate.gov/legislation/laws/ISC/7436 (updated Sep. 22, 2014; accessed May 4, 2024).
