Section Ins 1703.01 - Definitions(a) "Anticipated liabilities" means the sum of the annual loss and loss adjustment expense incurred as shown in the most recent audited financial statement plus the actual operating expenses for the last 3 month period of the most recent audited financial statement.(b) "Association" means the New Hampshire medical malpractice joint underwriting association.(c) "Board" means the board of directors of the association.(d) "Commissioner" means the insurance commissioner of the state of New Hampshire.(e) "Eligible risk" means any health care provider operating legally in the state of New Hampshire excluding such person if timely payment of premium is not tendered or if there is an unsatisfied judgment of record against such person for recovery of amounts due for medical malpractice insurance premiums and such person has not been discharged from paying such judgment, or if such person does not furnish the information necessary to effect insurance coverage.(f) "General assets" means "general assets" as defined in RSA 402-C:3.(g) "Health care provider" means: (1) In the case of a natural person, a person licensed or approved by the state to provide health care or professional services, including but not limited to, as a: h. Registered pharmacist;i. Registered professional nurse;j. Licensed practical nurse;k. Advanced registered optometrist;n. Physician's assistant;(2) In the case of an institution: c. Health maintenance organization;d. Ambulance or other corporation;e. Facility or entity licensed by the state to provide health care services; orf. An officer, employee or agent of any such person or institution acting in the course and scope of his employment; and(3) Where the context so permits, both persons and institutions as listed in (1) and (2) above.(h) "Medical malpractice insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as a result of negligence in professional services rendered or which should have been rendered by any health care provider operating legally in the state and includes such other forms of liability insurance, other than automobile, reasonably necessary for and incidental to the provision of medical care by such health care provider. It does not include excess liability insurance which would serve to increase the limits of coverage over the maximum provided for in this plan of operation.(i) "Member" means an insurer that is a member of the association.(j) "Net direct premiums" means gross direct premiums written in this state on liability insurance, including the liability component of multiple peril package policies, 25 percent, and the liability component of homeowners policies, 10 percent, less return premiums and dividends paid or credited to policyholders thereon.(k) "Person" means any natural person, firm, co-partnership, association, corporation, government or agency thereof.(l) "Policyholder" means those health care providers who are or have been previously insured through the association.(m) "Primary medical liability coverage" means:(1) Coverage with limits up to and including $ 1,000,000 for each claimant; and(2) Up to $3,000,000 for all claims in any policy year.(n) "Producer" means a person required to be licensed pursuant to RSA 402-J to sell, solicit, or negotiate insurance.(o) "Statutory accounting practices and procedures" means accounting practice and procedures promulgated in the NAIC Accounting Practices and Procedures Manual pursuant to RSA 400-A:36 and Ins 4500.N.H. Admin. Code § Ins 1703.01
#7112, eff 10-29-99; ss by #7409, eff 12-1-00, EXPIRED: 12-1-08
New. #9373, eff 1-30-09