Rhode Island's "other casualty" questions focus on the Medical Malpractice Joint Underwriting Association (MMJUA) under 230-RICR-20-10-1, plus the surplus lines and certificate-of-insurance rules commercial producers use. Umbrella, professional liability, D&O, EPLI, cyber and bonds in general are covered in the national Other Casualty guide.

Medical malpractice in Rhode Island

Required coverage

• Active physicians, dentists and health care facilities must carry medical malpractice insurance with limits of at least $1 million per claim and $3 million aggregate (1.5(A)).
• Medical malpractice insurance covers legal liability for death or injury from negligence or malpractice in rendering professional services.

The MMJUA (1.4)

• Purpose: to provide a self-supporting malpractice insurance market.
• Members: all insurers writing personal injury liability in Rhode Island.
• Not the only source: licensed and surplus lines insurers may also write malpractice coverage.
• Who may apply: any health care provider, directly or through a producer.
• Limits: up to $1 million per claimant and $3 million for all claimants in a policy year.
• Policy forms: claims-made or occurrence.
• Rating: all policies are subject to a nonprofit group retrospective rating plan.
• Cancellation: for nonpayment of stabilization reserve fund charges, on 10 days' notice.
• Appeals: to the Director within 30 days.
• Examinations: the Department examines the MMJUA's finances at least every 5 years.

Surplus lines (27-3-38 to 27-3-42)

• Only a surplus lines licensee, who must also hold a P&C producer license, may place coverage with a nonadmitted insurer for a Rhode Island home-state insured.
• Diligent effort: affidavits must show that at least three admitted insurers declined. Private flood is exempt, and the FAIR Plan doesn't count as an admitted insurer.
• Tax: 4% of gross premiums less returns. The annual report is due April 1.
• Policy notice: surplus lines policies must warn that the insurer isn't a member of the state insolvency fund.

Certificates of insurance (chapter 27-78)

• A certificate evidences coverage but can't amend, extend or alter the policy.
• A certificate holder gets cancellation notice only if the policy or an endorsement provides it.
• A certificate prepared or demanded in violation of the Act is null and void.

Common exam traps

• Required malpractice limits: $1 million / $3 million. The MMJUA's maximum limits are the same.
• The MMJUA is a self-supporting market, not the only source of coverage. All personal injury liability insurers are members.
• Surplus lines: three declinations (except private flood) and a 4% tax.