Hawaii Revised Statutes 435c. Hawaii Medical Malpractice Underwriting Plan

  • 435c-1 Purpose.
    The purpose of this chapter is to provide a contingency plan to be instituted by the insurance commissioner upon the unavailability of medical malpractice...
  • 435c-2 Definitions.
    As used in this chapter: "Medical malpractice insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense...
  • 435c-3 Joint Underwriting Plan, Establishment.
    (a) A joint underwriting plan is established, consisting of all insurers authorized to write and engaged in writing casualty insurance in this State on...
  • 435c-4 Procedures.
    (a)(1) Any licensed physician or hospital shall, on or after the effective date of the plan of operation, apply to the plan for such...
  • 435c-5 Participation.
    All insurers that are members of the plan shall participate in its expenses, profits, and losses in the proportion that the net direct premiums of...
  • 435c-6 Directors.
    The plan shall be governed by a board of eleven directors, ten to be selected annually. Five directors shall be elected by cumulative voting...
  • 435c-7 Appeals and Judicial Review.
    Any applicant to the plan, any person insured pursuant to this chapter, or their representatives, or any affected insurer, may appeal to the insurance...
  • 435c-8 Privileged Communications.
    There shall be no liability on the part of, and no cause of action of any nature shall arise against the plan, its agents...
  • 435c-9 Annual Statements.
    The plan shall file in the office of the insurance commissioner annually on or before the fifteenth day of March, a statement which shall...
  • 435c-10 Examinations.
    The insurance commissioner shall make an examination into the affairs of the plan at least annually. Such examination shall be conducted and the report...
  • 435c-11 Initiation of Plan.
    The plan becomes operational at the direction of the insurance commissioner, upon a finding that medical malpractice insurance is not or will not be...

Last modified: October 27, 2016