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Session Laws, 1986
Volume 768, Page 2352   View pdf image
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2352                                          LAWS OF MARYLAND                                      Ch. 639

(c) (1) the court or the health claims arbitration panel
may order that all or part of the future economic damages portion
of the award be paid in the form of annuities or other
appropriate financial instruments. or that it be paid in periodic
or other payments consistent with the needs of the plaintiff,
funded in full by the defendant or the defendant's insurer and
equal when paid to the amount of the future economic damages
award.

(2) IN THE EVENT THAT THE COURT OR PANEL SHALL ORDER
THAT THE AWARD FOR FUTURE ECONOMIC DAMAGES BE PAID IN A FORM
OTHER THAN A LUMP SUM. THE COURT OR PANEL SHALL ORDER THAT THE
D
EFENDANT OR THE DEFENDANT'S INSURER PROVIDE ADEQUATE SECURITY
FOR THE PAYMENT OF ALL FUTURE ECONOMIC DAMAGES.

(3) THE COURT OR PANEL MAY APPOINT A CONSERVATOR
UNDER THIS SUBSECTION FOR THE PLAINTIFF, UPON SUCH TERMS AS THE
COURT OR PANEL MAY IMPOSE. WHO SHALL HAVE THE FULL AND FINAL
AUTHORITY TO RESOLVE ANY DISPUTE BETWEEN THE PLAINTIFF AND THE
DEFENDANT OR THE DEFENDANT'S INSURER REGARDING THE NEED OR COST
OF EXPENSES FOR THE PLAINTIFF'S MEDICAL, SURGICAL, CUSTODIAL, OR
OTHER CARE OR TREATMENT.

(D) IF THE PLAINTIFF UNDER THIS SECTION DIES BEFORE THE
FINAL PERIODIC PAYMENT OF AN AWARD IS MADE, THE UNPAID BALANCE OF
THE AWARD FOR FUTURE LOSS OF EARNINGS SHALL REVERT TO THE ESTATE
OF THE PLAINTIFF AND THE UNPAID BALANCE OF THE AWARD FOR FUTURE
MEDICAL EXPENSES SHALL REVERT TO THE DEFENDANT OR TO THE
D
EFENDANT'S INSURER IF THE INSURER PROVIDED THE FUNDS FOR THE
FUTURE DAMAGES AWARD.

SECTION 2. AND BE IT FURTHER ENACTED, That every insurer
providing professional liability insurance to a health care
provider in this State shall submit to the Insurance Commissioner
information on the nature and cost of reinsurance, the claims
experience by category of health care providers, the amount of
claims settlements and claims awards, the amount of reserves for
claims incurred and incurred but unreported claims, the number of
structured settlements used in payment of claims, and any other
information relating to medical health care malpractice claims as
prescribed by the Insurance Commissioner in rule and regulation.
The Insurance Commissioner may require, by rule, and regulation,

insurers of other lines of liability insurance to submit such

reports. The Insurance Commissioner shall report its findings as
to the impact of this Act on the availability and affordability
of medical health care malpractice and other liability insurance
in this State to the Legislative Policy Committee of the General
Assembly by October 31 of each year. This section shall remain
effective through October 31, 1996, and with no further action
required by the General Assembly, this section shall be abrogated
and of no further force and effect.

 

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Session Laws, 1986
Volume 768, Page 2352   View pdf image
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