Medical Negligence Insurance Claims Reporting

TRINIDAD NAVARRO COMMISSIONER STATE OF DELAWARE DEPARTMENT OF INSURANCE DOMESTIC & FOREIGN INSURERS BULLETIN NO. 18 (Reissued) TO: ALL INSURANCE COMPANIES PROVIDING MEDICAL NEGLIGENCE COVERAGE IN DELAWARE RE: MEDICAL NEGLIGENCE INSURANCE CLAIMS REPORTING DATED: REVISED: July 20, 2005 March 28, 2017 and August 13, 2019 REISSUED: November 30, 2021 Since July 7, 2005, Delaware's medical negligence insurance litigation law at 18 Del. C. § 6820, has set forth reporting requirements for insurers settling or paying claims on medical negligence actions. This law requires insurers paying any amount for insurance coverage under a medical malpractice/negligence policy to, within sixty (60) days following final disposition of the case by agreement, settlement, order, adjudication, or otherwise, file a report with the Delaware Department of Insurance. As set forth at 18 Del. C. § 6820(a)(3), the report must include the following information: • The name of the insured; • A detailed statement of the medical negligence claim asserted against the insured; and • A statement detailing the result or final disposition of the claim against the insured, which must include disclosure of all of the following: o The manner of the resolution or disposition of such claim; o The amount ordered, adjudged or agreed to be paid by or on behalf of the insured; o The amount paid by such insurance carrier on behalf of the insured as part of that settlement, adjudication, or order; and o The total amount paid by such insurance carrier for attorney's fees, costs and expenses incurred on behalf of the insured. The purpose of the 2017 revision to this bulletin was to inform insurers of the availability of a Wordei fillable document that may be downloaded from the Department's Bulletins webpage at http://insurance.delaware.gov/infonnation/bulletins/ nt, adjudication, or order; and o The total amount paid by such insurance carrier for attorney's fees, costs and expenses incurred on behalf of the insured. The purpose of the 2017 revision to this bulletin was to inform insurers of the availability of a Wordei fillable document that may be downloaded from the Department's Bulletins webpage at http://insurance.delaware.gov/infonnation/bulletins/. The form (attached to the prior and the current version of this bulletin) has been approved by the Delaware Department of Insurance and the Delaware Board of Medical Practice and is to be used by all insurers submitting reports required by 18 Del. C. § 6820. Insurers are required to provide a copy of the completed form to the Department and to +INSURANCE.DELA WARE.GOV+ 1351 W. NORTH ST., SUITE 101, DOVER DELAWARE 19904 (302) 674-7300 DOVER+ (302) 259-7554 GEORGETOWN+ (302) 577-5280 WILMINGTON