2006 Code of Virginia § 38.2-2800 - Definitions

38.2-2800. Definitions.

As used in this chapter:

"Association" means the joint underwriting association established pursuantto the provisions of this chapter.

"Incidental coverage" means any other type of liability insurance coveringactivities directly related to the continued and efficient delivery of healthcare that: (i) cannot be obtained in the voluntary market because medicalmalpractice insurance is being provided pursuant to this chapter; and (ii)cannot be obtained through other involuntary market mechanisms.

"Liability insurance" includes the classes of insurance defined in 38.2-117 through 38.2-119 and the liability portions of the insurance definedin 38.2-124, 38.2-125, and 38.2-130 through 38.2-132.

"Medical malpractice insurance" means insurance coverage against the legalliability of the insured and against loss, damage, or expense incident to aclaim arising out of the death or injury of any person as the result ofnegligence in rendering or failing to render professional service by anyprovider of health care.

"Net direct premiums written" means gross direct premiums written in thisCommonwealth on all policies of liability insurance less, (i) all returnpremiums on the policy, (ii) dividends paid or credited to policyholders, and(iii) the unused or unabsorbed portions of premium deposits on liabilityinsurance.

"Provider of health care" means any of the following deemed by theCommission to be necessary for the delivery of health care: (i) a physicianand any other individual licensed or certified pursuant to Chapter 29 (54.1-2900 et seq.) of Title 54.1; (ii) a nurse, dentist, or pharmacistlicensed pursuant to Title 54.1; (iii) any health facility licensed oreligible for licensure pursuant to Chapter 5 ( 32.1-123 et seq.) of Title32.1 or Article 2 ( 37.2-403 et seq.) of Chapter 4 of Title 37.2; and (iv)any other group, type, or category of individual or health-related facilitythat the Commission finds to be necessary for the continued delivery ofhealth care after providing notice and opportunity to be heard.

(1976, c. 85, 38.1-775; 1986, c. 562.)