Ohio § 3929.66

§ 3929.66.

(A) Any applicant practicing or operating in this state seeking to purchase medical liability

insurance being offered by the medical liability underwriting association, on or after

the effective date of the medical liability underwriting association's plan of operation,

may apply to the medical liability underwriting association for medical liability

insurance.  The application may be made on behalf of an applicant by a broker or agent authorized

by the applicant, or may be made on behalf of a number of eligible applicants who

are members of a medical society. (B) The board of governors of the medical liability underwriting association, in formulating

the plan of operation under section 3929.65 of the Revised Code , shall include minimum eligibility and underwriting standards for applicants.  If the medical liability underwriting association determines that an applicant meets

the eligibility and underwriting standards of the medical liability underwriting association

as prescribed in the plan of operation and there is no unpaid, uncontested premium

due to the medical liability underwriting association from the applicant for prior

medical liability insurance, the medical liability underwriting association, upon

receipt of the premium, or such portion thereof as is prescribed in the plan of operation,

shall issue a policy of medical liability insurance for a term of one year. (C)(1) The medical liability underwriting association is under no obligation to issue any

policy of insurance to any applicant who fails to meet the medical liability underwriting

association's eligibility and underwriting standards. (2) As an eligibility standard, the medical liability underwriting association, as a

condition for issuing or renewing insurance, shall require that the applicant has

been declined for medical liability insurance by two insurers authorized to write

medical liability insurance in this state. (D) The rates, rating plans, rating rules, rating classifications, territories, and policy

forms applicable to the insurance written by the medical liability underwriting association

and related statistics are subject to Chapter 3937. of the Revised Code and shall

be established by the board of governors subject to the approval of the superintendent

of insurance, giving due consideration to the past and prospective loss and expense

experience for medical liability insurance sold by insurers in this state, trends

in the frequency and severity of losses, and such other information as the superintendent

may require.  All rates shall be on an actuarially sound basis, and shall be calculated to be

self-supporting exclusive of any amounts held by the stabilization reserve fund.  There shall be a presumption that the rates filed and premiums for the business

of the medical liability underwriting association are not unreasonable or excessive.  The superintendent shall take all appropriate steps to make available to the medical

liability underwriting association the profit, loss, and expense experience of insurers

currently or previously writing medical liability insurance in this state. (E) All policies issued by or on behalf of the medical liability underwriting association

shall be written so as to apply only to death, disease, or injury which results from

acts or omissions covered by the policy and reported during the policy period and

for which written claim is made against the insured, unless otherwise provided for

in the plan of operation. (F) All policies issued by or on behalf of the medical liability underwriting association

shall contain a provision that upon termination of the policy through cancellation

on grounds other than nonpayment of premiums, or through retirement or death of the

insured, the insured or the insured's estate has the right on payment of appropriate

additional premiums to extend coverage to include claims covered by the policy and

discovered and reported after the policy period and for which written claim is made

against the insured.