Medical Malpractice Insurance Open Claims Reporting

DEPARTMENT OF FINANCIAL SERVICES
OIR – Insurance Regulation

RULE NO: RULE TITLE
69O-171.009: Medical Malpractice Insurance Open Claims Reporting

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 19, May 11, 2007 issue of the Florida Administrative Weekly.

The change involved creates paragraphs 69O-171.009(4)(i) and 69O-171.009(4)(j), which read as follows:

(i) For ceded and assumed reinsurance items for multi-state reporting entities that cannot possibly be assigned to Florida on a claim-by-claim basis, such as ceded earned premium, assumed earned premium, ceded IBNR and assumed IBNR, a reasonable allocation of the countrywide amount will be acceptable. However, for items that could be determined on a claim-by-claim basis (such as direct paid losses, or assumed or ceded losses on a per occurrence excess of loss contracts), reporting actual amounts is required even if circumstances make it difficult to obtain the data.

(j) For direct items for multi-state reporting entities that cannot possibly be assigned to Florida on a claim-by-claim basis, such as IBNR, a reasonable allocation of the countrywide will be acceptable. However, for items that could be determined on a claim-by-claim basis (such as direct paid losses, or assumed or ceded losses on a per occurrence excess of loss contracts), reporting actual amounts is required even if circumstances make it difficult to obtain the data.

The remainder of the rule reads as previously published.