2018 Pennsylvania Consolidated Statutes
Title 40 - INSURANCE
Chapter 35 - Medical Professional Liability Reciprocal Exchange-to-Stock Conversion
Section 3501 - Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Attorney." The person that manages and acts as the attorney-in-fact for the reciprocal insurer.
"Commissioner." The Insurance Commissioner of the Commonwealth.
"Department." The Insurance Department of the Commonwealth.
"Eligible subscriber." A subscriber of a reciprocal insurer whose policy is in force on at least one of the following dates:
(1) the date the reciprocal insurer or its attorney adopts a plan of conversion; or
(2) if a different date, on the record date for establishing subscribers eligible to vote on the plan of conversion.
"Participating policy." A policy that grants a holder the right to receive dividends if, as and when declared by the reciprocal insurer.
"Person." An individual, a corporation, a limited liability company, a partnership, an association, a joint stock company, a trust, an unincorporated organization, a similar entity or a combination of the foregoing acting in concert.
"Plan of conversion" or "plan." A plan adopted under this chapter to convert the reciprocal insurer into a stock company by the subscribers' advisory committee or an equivalent governing body of the reciprocal insurer or, in the absence of a governing body, by the board of directors or governing body of the attorney for the reciprocal insurer.
"Policy." An insurance policy issued by the reciprocal insurer.
"Reciprocal insurer." A Pennsylvania-domiciled reciprocal and inter-insurance exchange, as established in Article X of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, that is authorized to write medical professional liability insurance and at least 50% of its direct written premium in the calendar year preceding adoption of the plan of conversion consisted of medical professional liability insurance.
"Stock company." An insurance company that:
(1) meets the requirements for admission to do business as a domestic Pennsylvania insurer;
(2) is formed at the direction of the reciprocal insurer or attorney; and
(3) shall be the successor of the reciprocal insurer by the merger of the reciprocal insurer with and into the stock company or by another means approved by the commissioner.
