(a) Filing.--Each insurer issuing or delivering liability insurance policies as described in section 1711 (relating to required benefits) shall file with the Insurance Commissioner for an extraordinary medical benefit rate for coverage under section 1715(a)(1.1) (relating to availability of adequate limits). The filing shall be subject to the act of June 11, 1947 (P.L.538, No.246), known as The Casualty and Surety Rate Regulatory Act, provided that no first time filing for extraordinary medical benefit coverage which is scheduled for a formal administrative hearing may be deemed effective until an adjudication is issued by the Insurance Commissioner. Insurers may provide for the discounting of extraordinary medical benefit loss reserves in annual financial statements. Unallocated extraordinary medical benefit loss expense payments may be treated in accordance with section 315 of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of one thousand nine hundred and twenty-one, and regulations promulgated pursuant thereto. The Insurance Commissioner may order the discounting of extraordinary medical benefit losses and allocated loss adjustment expenses in calculating rates for coverage under section 1715(a)(1.1) to the extent determined to be actuarially sound.
(b) Rates.--All rates established under this section shall be adequate to assure actuarial soundness. Under no circumstances shall rates for other coverages required under the provisions of this chapter be modified or otherwise established to subsidize, in whole or in part, the rate for the extraordinary medical benefit. In making a rate for the extraordinary medical benefit, due consideration shall be given to the current factors generally in use in making motor vehicle insurance rates.
(c) Limitation.--The extraordinary medical benefit rate for coverage under section 1715(a)(1.1) shall not be subject to any premium tax levied under State law.
(Apr. 26, 1989, P.L.13, No.4, eff. imd.)
1989 Amendment. Act 4 added section 1798.1.
References in Text. Section 315 of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921, referred to in subsec. (a), was repealed by the act of December 18, 1992 (P.L.1496, No.177).
Cross References. Section 1798.1 is referred to in section 1798.2 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 17 - Financial Responsibility
Section 1701 - Short title of chapter
Section 1703 - Application of chapter
Section 1704 - Administration of chapter
Section 1705 - Election of tort options
Section 1711 - Required benefits
Section 1712 - Availability of benefits
Section 1713 - Source of benefits
Section 1714 - Ineligible claimants
Section 1715 - Availability of adequate limits
Section 1716 - Payment of benefits
Section 1717 - Stacking of benefits
Section 1718 - Exclusion from benefits
Section 1719 - Coordination of benefits
Section 1721 - Statute of limitations
Section 1722 - Preclusion of recovering required benefits
Section 1723 - Reporting requirements
Section 1724 - Certain nonexcludable conditions
Section 1725 - Rental vehicles
Section 1731 - Availability, scope and amount of coverage
Section 1732 - Limits of coverage (Repealed)
Section 1733 - Priority of recovery
Section 1734 - Request for lower limits of coverage
Section 1735 - Coverages unaffected by workers' compensation benefits (Repealed)
Section 1736 - Coverages in excess of required amounts
Section 1738 - Stacking of uninsured and underinsured benefits and option to waive
Section 1744 - Termination of policies
Section 1752 - Eligible claimants
Section 1753 - Benefits available
Section 1754 - Additional coverage
Section 1755 - Coordination of benefits
Section 1757 - Statute of limitations
Section 1771 - Court reports on nonpayment of judgments
Section 1772 - Suspension for nonpayment of judgments
Section 1773 - Continuation of suspension until judgments paid and proof given
Section 1774 - Payments sufficient to satisfy judgments
Section 1775 - Installment payment of judgments
Section 1781 - Notice of sanction for not evidencing financial responsibility
Section 1782 - Manner of providing proof of financial responsibility
Section 1784 - Proof of financial responsibility following violation
Section 1785 - Proof of financial responsibility following accident
Section 1786 - Required financial responsibility
Section 1788 - Neighborhood electric vehicles
Section 1791 - Notice of available benefits and limits
Section 1791.1 - Disclosure of premium charges and tort options
Section 1791.2 - Motorcycle marshals
Section 1793 - Special provisions relating to premiums
Section 1794 - Compulsory judicial arbitration jurisdiction
Section 1795 - Insurance fraud reporting immunity
Section 1796 - Mental or physical examination of person
Section 1797 - Customary charges for treatment
Section 1798 - Attorney fees and costs
Section 1798.1 - Extraordinary medical benefit rate
Section 1798.3 - Unfunded liability report
Section 1798.4 - Catastrophic Loss Benefits Continuation Fund
Section 1799 - Restraint system
Section 1799.1 - Antitheft devices
Section 1799.2 - Driver improvement course discounts
Section 1799.4 - Examination of vehicle repairs
Section 1799.5 - Conduct of market study