Physicians Insurance Company of Wisconsin, Inc. and Subsidiaries - Page 4




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          based” policies–-i.e., policies that cover alleged acts of                  
          malpractice committed while the policy is in force, regardless of           
          when the injury is discovered or the claim is reported.                     
               Under petitioner’s policies, no formal claim was required to           
          establish coverage within a given policy period.  Rather, to                
          establish coverage, it sufficed for an insured to notify                    
          petitioner of an incident that might ultimately give rise to a              
          claim.  Petitioner referred to such informal notifications as               
          “incident reports”.                                                         
               To discourage frivolous claims and protect the reputations             
          of its physician insureds, petitioner maintained an aggressive              
          defense policy with respect to any claim that was viewed as                 
          nonmeritorious.  The existence of the Fund, which covered                   
          indemnity payments above petitioner’s statutorily mandated policy           
          limits, constrained petitioner’s risk exposure.3  Petitioner was            
          statutorily required, however, to defend the interests of the               
          Fund for claims that might involve indemnity payments above the             
          policy limits.  Because of the existence of the Fund, petitioner            
          did not secure any reinsurance protection concerning its medical            
          malpractice risks.                                                          


               3 By Wisconsin statute, the policy limits for property and             
          casualty (P&C) companies issuing malpractice policies were                  
          $200,000 per claim arising from an occurrence (and $600,000                 
          aggregate per year) for occurrences before July 1, 1987; $300,000           
          for each such claim ($900,000 aggregate) for occurrences between            
          July 1, 1987, and June 30, 1988; and $400,000 for each such claim           
          ($1 million aggregate) for occurrences after June 30, 1988.                 





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