PriMed Consulting - Medical Malpractice Insurance NY, NJ, WV

NY Medical Malpractice: Excess Coverage & Important Changes

21, Sep Sep, 2012

As restrictions have been put in place to limit the number of “Excess Slots”/physicians receiving free Excess Coverage, the need for “Paid Excess” has arisen.

Therefore, if a physician does not qualify for Section 18 coverage/free excess coverage the option is available to purchase “Paid Excess.” In addition to your primary limits of liability (1.3/3.9 million dollars) this provides an additional layer of $1 million dollars per claim / $3 million aggregate limit. This takes the standard policy limit from $1.3/3.9 to $2.3/6.9.

Premiums for excess coverage are determined based upon your specialty and the county in which you practice. As long as you carry a policy with an admitted carrier you will be eligible to purchase excess coverage. After completing a brief application we will be able to present you with quotes and help you to bind coverage.

PriMed Consulting can help you to explore your options for Excess Coverage. Please contact us to obtain a quote and put your excess policy in place.

In order to qualify for the FREE/UNPAID NYS Excess Liability Program (Section 18), you must have:

  • a primary affiliation with a New York state general hospital having professional privileges
  • a qualifying individual primary policy of $1.3 million per claim/$3.9 million aggregate
  • completed a qualified risk management program within the last two years

This Excess medical malpractice insurance program is frequently referred to as the NYS Section 18 Program. Consistent with Section 18 Legislation, this is an Occurrence policy provided at no additional cost to physicians, so there is no tail™ required at the conclusion of the policy.

The State of New York has implemented a three year rule for medical malpractice Excess insurance applicants for the 7.1.2012 – 7.1.2013 policy year. In order to get the free excess coverage, physicians and surgeons would need to have had an Excess policy for all or part of each of the previous 3 years:

7.1.2009 – 7.1.2010
7.1.2010 – 7.1.2011
7.1.2011 – 7.1.2012

If you satisfy the new rules concerning past coverage and are eligible for the Excess coverage as outlined above, you should receive your coverage. If you do not, you are not guaranteed an Excess policy for 2012-13. Applications for those physicians who do not meet the above criteria will be held pending a decision by NY State later this year.

For more information on your primary medical malpractice insurance and/or excess coverage, please contact PriMed Consulting at 800.528.3758 or email:

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