§ 125.11. Excess insurance.
(a) An applicant whose catastrophic loss estimation is greater than its maximum quick assets exposure amount shall obtain aggregate excess insurance or specific excess insurance with a retention amount that is no more than its authorized retention amount and a liability limit acceptable to the Bureau to provide an adequate level of protection to cover the losses from a catastrophic event. The Bureau will consider the financial capacity of the applicant and the amount of the catastrophic loss estimation in determining the adequacy of the applicant’s proposed liability limit.
(b) A contract or policy of excess insurance must comply with the following:
(1) For excess indemnity insurance:
(i) It must state that it is not cancelable or nonrenewable unless written notice by registered or certified mail is given to the other party to the policy and to the Bureau at least 45 days before termination by the party desiring to cancel or not renew the policy.
(ii) It must state that it applies to any losses of a self-insurer under the act or the Occupational Disease Act.
(iii) It may not exclude coverage for any categories of injuries or diseases compensable under the act and the Occupational Disease Act.
(iv) It must be issued by an insurer that possesses an A. M. Best rating of A- or better, or a Standard & Poor’s insurer financial strength rating of A or better, or a comparable rating by another NRSRO.
(2) For workers’ compensation excess insurance:
(i) It must meet the requirements of paragraph (1)(i)—(iii).
(ii) It must state that if a self-insurer is unable to make benefit payments under the act and the Occupational Disease Act due to insolvency or bankruptcy, the excess carrier shall make payments to other parties involved in the paying of the self-insurer’s liability, as directed by the Bureau, subject to the policy’s retentions and limits.
(iii) It must state that the following apply toward reaching the retention amount in the excess contract:
(A) Payments made by the employer.
(B) Payments made on behalf of the employer under a surety bond or other forms of security as required under this subchapter.
(C) Payments made by the Self-Insurance Guaranty Fund.
(iv) It must be issued by a workers’ compensation insurer that includes the premium collected for the insurance in data used by the Workers’ Compensation Security Fund set forth in the Workers’ Compensation Security Fund Act (77 P. S. § § 1051—1066) to calculate assessments against workers’ compensation insurers to finance the operations of that fund.
(c) A certificate of the excess insurance obtained by the self-insurer must be filed with the Bureau together with a certification that the policy fully complies with subsection (b).
Authority The provisions of this § 125.11 amended under sections 305(a) and 435(a) of the Workers’ Compensation Act (77 P. S. § § 501 and 991(a)) and section 2205 of The Administrative Code of 1929 (71 P. S. § 565).
Source The provisions of this § 125.11 amended September 10, 2010, effective September 11, 2010, 40 Pa.B. 5147. Immediately preceding text appears at serial pages (250132) to (250133).
Cross References This section cited in 34 Pa. Code § 125.2 (relating to definitions); and 34 Pa. Code § 125.6 (relating to application).
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