Medical Liability Monitor September 2022 Issue Highlights

September 9, 2022 by matray

Modest Slowdown in Premium Growth Distinguishes Second-Quarter Financial Results for MPL Specialty Insurers
In our analysis of 2022’s first quarter (see MLM, July 2022), we discussed the increase in premium associated with MPL writers boosting rate levels in jurisdictions with poor underwriting results. This growth slowed modestly during the second quarter as premium growth (i.e., the premium written in second-quarter 2022 compared with that written in second-quarter 2021) decreased by 2%. However, the composite’s direct written premium is still up 2.2% in aggregate, relative to the second quarter of 2021 (Figure 1), due to the strong first quarter in 2022. Despite the slowdown, the 2022 full-year premium still has a shot at challenging the composite’s 2006 peak …

Health Insurer Sued for Medical Malpractice Over Prior Authorization
The estate of Kathleen Valentini blames her health insurance company Group Health Inc. (GHI) and its utilization review process for her 2020 death from cancer. Attorneys for her estate argued that the insurer’s denial of prior authorization for an MRI constituted medical malpractice, a delay in diagnosis that led to the amputation of her hip, pelvis and leg and ultimately caused her death …

Pennsylvania Supreme Court Expands Medical Malpractice Venue Rule
The Supreme Court of Pennsylvania last month directed that medical liability lawsuits can be filed in almost any county within the commonwealth, rather than requiring such claims be filed in the county where the adverse medical outcome occurred. The amendment expanding Pennsylvania’s medical malpractice venue rules will take effect Jan. 1, 2023 …

North Carolina Supreme Court Overrules 90-year Precedent Shielding Nurses from Medical Liability Claims
The Supreme Court of North Carolina last month overturned a 90-year-old state court precedent that protected nurses from civil liability when they were working under a physician’s supervision. The high court did so because “the nursing profession evolved tremendously over the 90 years since” the precedent was set — with the training, licensure, responsibility and scope of practice for nurses expanding greatly ...

MagMutual to Acquire MDAdvantage of New Jersey
MagMutual Insurance Co. announced last month that it and MDAdvantage Holdings Inc. reached an agreement for MagMutual, headquartered in Atlanta, to acquire the New Jersey-based insurer of medical liability. The acquisition is subject to regulatory approval from the New Jersey Department of Banking & Insurance and MDAdvantage Holdings shareholders. The transaction is expected to close before the end of 2022 …

Constellation to Acquire Centurion Medical Liability Protective RRG
Constellation announced it has entered into an agreement to acquire Centurion Medical Liability Protective Risk Retention Group and to provide ongoing management services to its insureds. Customers with Centurion policies expiring on or after Jan. 1, 2023, will receive a non-renewal notice from Centurion and renewal terms from MMIC RRG. MMIC RRG is sponsored by Constellation, a portfolio of medical liability insurance companies that includes MMIC Insurance Inc., UMIA Insurance Inc. and Arkansas Mutual Insurance Co. …

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