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Texas Insurance Code - Not Codified - Article 21.49-4a. Coverage Of Physicians Under Contracts Of Professional Liability Insurance Issued By Health Care Liability Claim Trusts

Legal Research Home > Texas Lawyer > Insurance Code - Not Codified > Texas Insurance Code - Not Codified - Article 21.49-4a. Coverage Of Physicians Under Contracts Of Professional Liability Insurance Issued By Health Care Liability Claim Trusts

Art. 21.49-4a. COVERAGE OF PHYSICIANS UNDER CONTRACTS OF 
PROFESSIONAL LIABILITY INSURANCE ISSUED BY HEALTH CARE LIABILITY 
CLAIM TRUSTS.  

Article repealed effective April 1, 2007
	Contracts of professional liability insurance issued by a 
health care liability claim trust created under Article 21.49-4, 
Insurance Code, may include any of the following:
	(1)  Coverage of professional associations and partnerships 
of physicians against health care liability claims and related 
risks where a majority of the persons having a proprietary interest 
in the professional association or partnership to be insured are 
members of the association that created such trust.
	(2)  Coverage of proprietary members, associates, and 
stockholders of such professional associations and partnerships 
and executive officers and directors thereof, with respect to 
potential vicarious liability for acts or omissions of others 
giving rise to health care liability claims and related risks.
	(3)  Coverage of insured physicians and, as applicable, 
insured professional associations and partnerships (including 
proprietary members, associates, and stockholders thereof and 
executive officers and directors thereof) with respect to liability 
on the part of any applicable insured arising out of:
	(i)  injuries to patients related to ownership, maintenance, 
or use of premises for the practice of medicine, including 
operations necessary or incidental thereto;  or
	(ii)  service by an insured physician as a member of a duly 
established committee, board, or similar group of a hospital 
medical staff or of a professional association or society with 
respect to medical staff privileges, accreditation, or 
disciplinary matters relating to competency or patient safety and 
risk reduction programs;  or
	(iii)  health care liability claims or related risks based in 
whole or in part upon any act or omission occurring prior to the 
date a contract of professional insurance is issued by such trust.
	(4)  Coverage of an applicant for membership in the 
association that created such trust, pending final action upon such 
application, with respect to health care liability claims and 
related risks, including coverages described in the preceding 
Subparagraphs (1), (2), and (3), as applicable.

Added by Acts 1979, 66th Leg., p. 335, ch. 152, Sec. 1, eff. May 11, 
1979.  

Last modified: August 11, 2007