Regulation .04 Required Information.
Regulation .04 Required Information.LinkCopy Citation
The following information shall be reported on a closed claim survey form:
A.
Name of insurer;
B.
Name of insurer group;
C.
Claim file identification (ID);
D.
Name of person completing the form;
E.
Telephone number, including area code, of person completing the form;
F.
Date form completed;
G.
Date of injury;
H.
Date injury reported to insurer;
I.
Date claim closed;
J.
Whether the claim was previously reported;
K.
Age of injured person at time of injury;
L.
Gender of injured person at time of injury;
M.
Type of injury, such as wrongful death, permanent disability, or other bodily injury;
N.
Description of injury;
O.
Name of health facility where injury occurred;
P.
Type of medical professional liability policy, such as occurrence, claims made—basic, or claims made—tail;
Q.
Type of patient, such as inpatient, emergency room outpatient, or other outpatient;
R.
Physician Insurance Services Office Incorporated (ISO) classification or equivalent classification;
S.
Type of health care provider, such as physician-no surgery, surgeon, psychiatrist and related specialties, nurse, nurse midwife, optometrist, pharmacist, chiropractor, podiatrist, psychologist, dentist, hospital, other health care facility, or nurse anesthetist;
T.
Physician and surgeon classification, including name of specialty;
U.
Health care provider name;
V.
Health care provider license number;
W.
Policy limits for each claim or medical incident;
X.
Policy limits for annual aggregate;
Y.
If known, the facility, office, or county where the injury occurred;
Z.
Whether the claim is a zero payment claim file;
AA.
Full name and location of the court where the suit was filed and the case was tried;
BB.
Case or docket number;
CC.
Whether settlement was reached or award was made at one of the following stages:
(1)
Arbitration;
(2)
Mediation before suit was filed;
(3)
After suit was filed, but before trial;
(4)
During trial, but before court verdict;
(5)
Court verdict;
(6)
After verdict; or
(7)
After appeal was filed;
DD.
If settlement was reached or award was made by court verdict, whether the result was:
(1)
Directed verdict for plaintiff;
(2)
Directed verdict for defendant;
(3)
Judgment notwithstanding the verdict for plaintiff;
(4)
Judgment notwithstanding the verdict for defendant;
(5)
Judgment for plaintiff;
(6)
Judgment for defendant;
(7)
Judgment for plaintiff, after appeal;
(8)
Judgment for defendant, after appeal; or
(9)
Any other;
EE.
If there was no final judgment or settlement, the date of the final disposition;
FF.
If there was no final judgment or settlement, the reason for the final disposition;
GG.
If case did go to trial, whether the case was tried by a jury or tried by a judge;
HH.
Total amount paid to the claimant;
II.
Amount paid by the insurer;
JJ.
Amount paid by the insured due to retention or deductible;
KK.
If known, the amount paid by an excess carrier;
LL.
If known, the amount paid by the insured due to settlement or award in excess of policy limits, not including deductible or retention amounts;
MM.
If known, the amount paid by the insurer due to settlement or award in excess of policy limits, not including deductible or retention amounts;
NN.
If known, the amount paid by other defendants or contributors;
OO.
A summary of the occurrence from which the claim or action arose;
PP.
A description of the misdiagnosis or alleged misdiagnosis made, if any, of the patient's actual condition;
QQ.
A description of the procedure giving rise to the claim;
RR.
A description of the principal injury giving rise to the claim;
SS.
The amount of past medical expenses claimed by the plaintiff;
TT.
The amount of future medical expenses claimed by the plaintiff;
UU.
The amount of past lost wages claimed by the plaintiff;
VV.
The amount of future lost wages claimed by the plaintiff;
WW.
The amount of noneconomic damages claimed by the plaintiff;
XX.
The amount of other damages claimed by the plaintiff;
YY.
Whether a structured settlement or periodic payment was used, and if so:
(1)
The amount of immediate payment;
(2)
The present value of the projected total future payout, that is, the price of the annuity, if purchased;
(3)
The projected total future payout; and
(4)
The cost of the structure;
ZZ.
If a neutral expert was used, the findings of a neutral expert witness regarding future medical expenses;
AAA.
If a neutral expert was used, the findings of a neutral expert witness regarding future loss of earning;
BBB.
If case was tried to verdict:
(1)
The amount awarded for past medical expenses;
(2)
The amount awarded for future medical expenses;
(3)
The amount awarded for past lost wages;
(4)
The amount awarded for future lost wages;
(5)
The amount awarded for noneconomic damages; and
(6)
The amount awarded for other damages;
CCC.
The total allocated loss adjustment expense;
DDD.
Of the total allocated loss adjustment expense, the amount representing fees paid to defense counsel;
EEE.
Of the total allocated loss adjustment expense, the amount of expenses not included in the defense counsel fees;
FFF.
Whether there was a claim made for extra contractual damages;
GGG.
The amount claimed for extra contractual damages;
HHH.
Whether a suit was filed or claim was made for extra contractual damages; and
III.
Where the suit for the extra contractual damages claim was filed, including:
(1)
The full name of the court where the suit was filed and the case was tried;
(2)
The case number or docket number;
(3)
Whether the claim settled or was tried;
(4)
If tried, whether the trial was before a judge or jury;
(5)
The amount paid for the extra contractual damages claim; and
(6)
Whether the claim was previously reported to the Commissioner.