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2893
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MARVIN MANDEL, Governor
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(c) "Professional liability insurance" means
coverages, TERMS, AND CONDITIONS which are provided in
[standard] policies of [hospital professional
liability; OR [physicians, surgeons and dentists
professional liability; miscellaneous medical
professional liability and lawyers professional
liability, all as] PROFESSIONAL LIABILITY FOR ANY
PROFESSION, approved by the Commissioner [, and insurance
for other forms of professional liability as the
Commissioner shall designate].
(C-1) "EXECUTIVE LIABILITY INSURANCE" MEANS
COVERAGES, TERMS, AND CONDITIONS FOR DIRECTORS' AND
OFFICERS' ERRORS AND OMISSIONS WHICH ARE PROVIDED IN
POLICIES OF INSURANCE, APPROVED BY THE COMMISSIONER.
(I) "PROFESSIONAL" MEANS A PERSON WHO
ENGAGES IN A VOCATION, CALLING, OCCUPATION, OR EMPLOYMENT
WHICH INVOLVES SKILLS, EDUCATION, AND SPECIAL KNOWLEDGE,
AND WHO IS REQUIRED TO BE LICENSED BY THE STATE OF
MARYLAND AS A CONDITION OF ENGAGING IN SUCH ACTIVITIES.
(I) "SUBPOOL" MEANS A SEPARATE ACCOUNT FOR
EACH SUBCLASS OR GROUP OF SUBCLASSES OF INSURANCE
ESTABLISHED IN SECTION 561(E) OF THIS ARTICLE. LACK OF
AVAILABILITY MEANS THAT THERE DOES NOT EXIST FOR A
PARTICULAR SUBCLASS OF INSURANCE IN QUESTION A READY
SOURCE OF COVERAGE FROM AN INSURER AUTHORIZED TO DO
BUSINESS IN THE STATE OF MARYLAND OR AUTHORIZED TO WRITE
INSURANCE RISKS IN MARYLAND ON A SURPLUS LINES BASIS AS
DETERMINED BY THE COMMISSIONER OF INSURANCE.
(J) "PROFESSIONAL" MEANS ANY PERSON WHO IS A
BONA FIDE MEMBER OF ANY SUBCLASS OF PROFESSIONAL
INSURANCE LISTED IN A SUBPOOL IN §561(E).
560.
(b) The Commissioner may require the association,
pursuant to the provisions of this subtitle, to establish
a program of operation, which shall be CONSISTENT WITH
THE REASONABLE REQUIREMENTS OF AND subject to approval by
the Commissioner. The association may cause the issuance
of policies of insurance and assume and cede reinsurance
on risks written by insurers in conformity with the
program. THE INSURANCE AUTHORIZED TO BE WRITTEN BY THE
PROGRAM OF OPERATION MAY BE PRIMARY, EXCESS, OR
REINSURANCE, AS AUTHORIZED BY THE COMMISSIONER.
561.
(a) Within 30 days following [July 1, 1975,] JUNE
1, 1977 A WRITTEN REQUEST TO THE JOINT INSURANCE
ASSOCIATION BY THE COMMISSIONER, the governing committee
shall submit to the Commissioner for his review a
proposed program of operation FOR A PROFESSIONAL
SUBCLASS, consistent with the provisions of this
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