§ 242.4. Computation of surcharge when professional liability insurance premium part of a composite rate.
(a) Where the professional liability insurance premium of an insured is included in a composite rate or with other insurance coverage, it shall be the responsibility of the insurer to accurately compute the portion attributable to the professional liability insurance, in order to properly determine the surcharge.
(b) Premiums subject to rating adjustments or audits, or both, shall be recomputed at the time of the adjustment or audit to determine the gross premium to which the surcharge is applicable.
Source The provisions of this § 242.4 adopted October 15, 1976, effective October 16, 1976, 6 Pa.B. 2565; renumbered February 9, 1979, 9 Pa.B. 498.
Notes of Decisions Adequate Remedy
These provisions provide for resolution of complaints of adverse agency action, and as such, do not provide adequate remedy or preclude litigant from seeking relief in court, where issue is Cat Fund’s failure to pay share of malpractice claim settlement, which places Fund in position of defendant, as opposed to its designed position of participant and/or arbiter. Ohio Cas. Group of Ins. Companies v. Argonaut Ins. Co., 525 A.2d 1195 (Pa. 1987).
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