33-23-310. Medical malpractice insurance report by insurer. (1) If requested in writing by the commissioner, each insurer engaged in issuing medical malpractice professional liability insurance in this state shall, within 60 days, provide a report to the commissioner containing the following categories of information, as directed by the commissioner, for one or more professions provided in subsection (2)(b):

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Terms Used In Montana Code 33-23-310

  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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 the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
  • Writing: includes printing. See Montana Code 1-1-203

(a)the number of medical malpractice insureds as of December 31 of the preceding calendar year;

(b)the amount of direct premiums written and direct premiums paid for medical malpractice insurance during the preceding calendar year;

(c)the number of medical malpractice claims made against its insureds during the preceding calendar year;

(d)the number of medical malpractice claims that were closed and that had a direct loss paid during the preceding calendar year, together with the total amount of direct losses paid for all closed claims for that year;

(e)the number of medical malpractice claims that were still open and had no direct losses paid as of December 31 of the preceding calendar year;

(f)the number of claims filed against its insureds in state and federal courts during the preceding calendar year, including the number of claims that were closed:

(i)without settlement during the preceding calendar year;

(ii)with a settlement during the preceding calendar year and the total amount paid for those claims;

(iii)during the preceding calendar year and that went to trial and the number that resulted in a judgment or verdict for the plaintiff, the number that resulted in a judgment or verdict for the insured, and the number that resulted in some other judgment or verdict;

(g)the total direct losses paid for claims against its medical malpractice insureds that went to trial and were closed during the preceding year; and

(h)other information and statistics that the commissioner of insurance requires.

(2)For purposes of this section:

(a)”insurer” has the meaning provided in 33-1-201; and

(b)”profession” includes the categories of physician, osteopath, podiatrist, dentist, optometrist, registered nurse, licensed practical nurse, or health care facility as defined in 50-5-101.