2001 Minnesota Statutes

     62F.04 Authorization to issue insurance. 

    Subdivision 1.    Commissioner's determination.  If the 
 commissioner determines after a hearing that medical malpractice 
 insurance cannot be made available for either physicians, 
 hospitals or other specific types of health care providers in 
 the voluntary market, the commissioner shall authorize the 
 association to issue medical malpractice insurance on a primary 
 basis for physicians, hospitals or other health care providers.  
 If the commissioner determines after a hearing that insurance 
 issued by the association can be made available in the voluntary 
 market, the commissioner shall revoke the association's 
 authorization to issue that insurance which can be made 
 available. 

    Subd. 1a.    Reauthorization.  The authorization to 
 issue insurance is valid for a period of two years from the date 
 it was made.  The commissioner may reauthorize the issuance of 
 insurance for additional two-year periods according to the 
 procedures set forth in sections 62I.21 and 62I.22.  This 
 subdivision is not a limitation on the number of times the 
 commissioner may reauthorize the issuance of insurance. 

    Subd. 2.    Association's duty.  If the association is 
 authorized by the commissioner to issue insurance, it shall: 

    (a) Issue or cause to be issued insurance policies to 
 applicants, including incidental coverages, subject to limits as 
 specified in the plan of operation but not to exceed $1,000,000 
 for each claimant under one policy and $3,000,000 for all 
 claimants under one policy in any one year; 

    (b) Underwrite the insurance and adjust and pay losses with 
 respect thereto, or appoint service companies to perform those 
 functions; 

    (c) Assume reinsurance from its members; and 

    (d) Cede reinsurance. 

    HIST: 1976 c 242 s 5; 1986 c 444; 1986 c 455 s 18; 1996 c 446 
 art 1 s 44