33-20E-1 Short title
33-20E-2 Legislative findings
33-20E-3 Intent and purpose
33-20E-4 Definitions
33-20E-5 Joint underwriting association
33-20E-6 Board of directors
33-20E-7 Association’s powers and duties
33-20E-8 State Board of Risk and Insurance Management to exercise board of directors’ powers temporarily; interim plan of operation
33-20E-9 Final plan of operation
33-20E-10 Duties and powers of commissioner
33-20E-11 Eligibility for coverage
33-20E-12 Issuance of policy
33-20E-13 Rates; initial filing; basis for rates and premiums
33-20E-14 The Medical Professional Liability Insurance Fund; capitalization; transfer of assets and liabilities to board of directors
33-20E-15 Deposit of funds; investments; premium tax liability; state not responsible for liabilities or expenses of association
33-20E-16 Deficit; recoupment; assessments; reimbursement of members
33-20E-17 Commissioner to report to board termination of authority to transact insurance
33-20E-18 Examination of association
33-20E-19 Annual statements
33-20E-20 Immunity
33-20E-21 Operative date

Terms Used In West Virginia Code > Chapter 33 > Article 20E - West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means the joint underwriting association created by this article. See West Virginia Code 33-20E-4
  • Board: means the board of directors established pursuant to section six of this article. See West Virginia Code 33-20E-4
  • Commissioner: means the Insurance Commissioner of West Virginia. See West Virginia Code 33-20E-4
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Health care provider: means a person, partnership, corporation, facility or institution licensed by, or certified in, this state or another state, to provide health care or professional health care services, including, but not limited to, a physician, osteopathic physician, hospital, dentist, registered or licensed practical nurse, optometrist, podiatrist, chiropractor, physical therapist, or psychologist. See West Virginia Code 33-20E-4
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Member insurer: means every insurer authorized to write and engaged in writing, within this state, casualty insurance, as defined in section ten, article one of this chapter. See West Virginia Code 33-20E-4
  • Net direct written premiums: means , for purposes of this article, direct gross premiums written in this state on casualty insurance policies, less return premiums thereon, but does not include premiums on contracts between insurers or reinsurers. See West Virginia Code 33-20E-4
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • State board: means the state Board of Risk and Insurance Management. See West Virginia Code 33-20E-4