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Chapter 11  Casualty reinsurance                                                             11/25




               As far as eligibility for cover is concerned, the diversity of medical institutions, from single-doctor
               practices to university hospitals, and the broad spectrum of activities and responsibilities of a physician,
               from general practitioner to senior physician in gynaecology and obstetrics, all have to be taken into
               account.
               However, compared to other professional liability covers, the scope of cover and conditions can only be
                                                                                                   The scope of cover
               influenced to a limited extent. This is because when granting insurance cover for losses relating to the  and conditions can
               exercise of medical activities, there is usually no scope for a large number of special exclusions. The  only be influenced to
                                                                                                   a limited extent
               cover of such risks must, therefore, be subject to a particularly precise assessment of each risk on its
               own merits, including both the subjective circumstances of the policyholder and the form of the external,
               objective aspects of the risk.
               Risks in the field of medicine differ considerably from country to country in relation to both the liability
               situation and the situation with regard to the physical and moral hazard. Even the most idealistic
               medical workers can find themselves working under unhygienic conditions that threaten patients’
               welfare. Cover must allow for this.


               I1    Underwriting considerations

               Reinsurers should bear in mind the following features when negotiating coverage for this class:
               • Depending on market practice, contracts may be written on an occurrence or a claims made basis,
                 although the claims made principle is typically preferred. For occurrence policies, limitation of the
                 extended reporting period should be agreed wherever possible. Separate statistics should be kept for
                 mixed portfolios.

                Question 11.7

                Why is it likely that reinsurers will prefer to avoid multi-year periods for this type of cover?

               • Aggregate limits especially for hospitals are generally considered essential.
               • Medical malpractice cover is not usually included in an insurer’s umbrella policies.            Reference copy for CII Face to Face Training
               • Exclusions usually apply where serial loss exposure exists, as in the case of AIDS or hepatitis.
               • Opportunities may exist to include public liability, environmental liability and EL risks for the
                 institution or practice as additional covers.
               As is the case with other lines of PI, this class can be written on both proportional and non-proportional
               basis and facultative and excess of loss, although generally excess of loss reinsurance is preferred.

                Reinforce
                Before you move on, ensure that you understand how reinsurance operates for PI and medical malpractice
                insurance.



               J     Trade credit, surety, political risks, fidelity insurance
                     and bonds


               J1    Trade credit

               Trade credit insurance covers the risk of non-payment to a seller by a buyer in respect of sums due
               arising out of a trade-related contract for goods or services. While a sole trader may be an insured buyer
               in respect of their business debts, trade credit underwriters will not insure payment of personal debts.
               Policies are generally written for a policy period of twelve months and specify maximum terms of
                                                                                                   Policies are generally
               payment. The underwriter may specify limits of exposure on all buyers and include special conditions  written for a policy
               relating to security required, such as a guarantee from the directors of the buyer’s company. Policy  period of twelve
                                                                                                   months
               conditions may also include a requirement to advise a specified debt collection company within a short
               time after a debt becomes overdue for payment.                                                        Chapter









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