Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Subsection (3) of section 38 of chapter 351 of the acts of 1986 is hereby amended by inserting after the penultimate sentence the following sentences:-

No such separate rate, for the recovery of outstanding total deferred premium liability with respect to policies of medical malpractice insurance issued or renewed by any medical malpractice joint underwriting association on or after July first, nineteen hundred and eighty-seven, shall be recovered from any insured if that insured was not covered by any medical malpractice joint underwriting association policy issued on or after July first, nineteen hundred and eighty-three, and before July first, nineteen hundred and eighty-six. A proportional rate in full satisfaction of such separate rate which may be recovered from any insured who was covered by medical malpractice joint underwriting association policies issued on or after July first, nineteen hundred and eighty-three, and before July first, nineteen hundred and eighty-six shall be recovered in the following manner: An insured who was covered by a policy issued or renewed by the joint underwriting association during the period July first, nineteen hundred and eighty-three through June thirtieth, nineteen hundred and eighty-four shall pay twenty per cent of such separate rate; and an insured who was covered by a policy issued or renewed by the joint underwriting association during the period July first, nineteen hundred and eighty-four through June thirtieth, nineteen hundred and eighty-five shall pay thirty per cent of such separate rate; and an insured who was covered by a policy issued or renewed by the joint underwriting association during the period July first, nineteen hundred and eighty-five through June thirtieth, nineteen hundred and eighty-six shall pay fifty per cent of such separate rate. The foregoing proportional rate shall not affect the calculation of the separate rate under this section on policies issued during the period July first, nineteen hundred and eighty-seven through June thirtieth, nineteen hundred and eighty-eight, but will be considered by the Commissioner in his determination of the separate rate in subsequent years, commencing with his determination applicable to policies issued on or after July first, nineteen hundred and eighty-eight.