Preview
FILED: KINGS COUNTY CLERK 11/22/2017 02:29 PM INDEX NO. 521463/2016
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 11/22/2017
Response to Demand for Insurance Information pursuant to CPLR 3101(f)
(Policy year July 1, 2013 – July 1, 2014)
New York Methodist Hospital (“NYMH”)
Primary Hospital Professional
Liability coverage:
Insurer: Hospitals Insurance Company, Inc. (“HIC”)
Policy No.: HIC 70113-38
Policy Period: July 1, 2013 – July 1, 2014
12:01 a.m. Standard Time at the address of NYMH
Limits of Liability: Subject to the Policy Aggregate Limit of $3 million
for Hospital Professional Liability, Voluntary
Attending Physicians Professional Liability, and
Individual Practitioners Professional Liability,
combined, $1.3 million per Medical Incident for
NYMH and its CCC Insurance Program-insured
Voluntary Attending Physicians, and its CCC
Insurance Program-insured Individual Practitioners,
combined.
The Policy Aggregate Limit is the most that HIC will
pay, in the aggregate, for all Damages pursuant to
the Policy regardless of the number of Insureds,
Claims made, Suits brought, or persons or
organizations making Claims or bringing Suits.
Allocated loss adjustment expenses (“ALAE”) are
included within all limits of liability.
The limits are eroded as claims and ALAE are paid
and committed.
NYMH response to CPLR §3101(f) demand
2013/14
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FILED: KINGS COUNTY CLERK 11/22/2017 02:29 PM INDEX NO. 521463/2016
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 11/22/2017
Response to Demand for Insurance Information pursuant to CPLR 3101(f)
(Policy year July 1, 2013 – July 1, 2014)
New York Methodist Hospital (“NYMH”)
Excess Hospital Professional
Liability coverage:
Insurer: CCC Insurance SCC (“CCCISCC”)
Policy No.: SCC 838/13-14
The insurance coverage described herein is
exclusively in respect of, and exclusively attributed
to, CCCISCC/New York Methodist Hospital Cell (the
“NYMH Cell”).
Policy Period: July 1, 2013 – July 1, 2014
Both days at 12:01 a.m. Eastern Standard Time
Limit of Liability: Subject to the funds remaining in the NYMH Cell,
for Excess Hospital Professional Liability, the
difference to $7.5 million per Medical Incident when
combined with, and inclusive of, the per Medical
Incident limit of liability for Hospital Professional
Liability provided by the Primary Policy, inclusive of
ALAE.
The funds within the NYMH Cell also pay the per
occurrence retention for Hospital General Liability
set forth in the policy that provides NYMH with
Hospital General Liability insurance.
The funds within the NYMH Cell are eroded as
claims and ALAE are paid and committed.
Limitation of Liability: CCCISCC is a segregated cell company
incorporated, organized and conducting its business
under the laws of Barbados, including the Barbados
Companies Act, Division G. Segregated Cell
Companies. A segregated cell company is a
special statutory form of insurance company as to
which insurance coverage liabilities are borne
exclusively by a specified cell. The rights of NYMH,
and/or the rights of others, are restricted as set forth
NYMH response to CPLR §3101(f) demand
2013/14
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FILED: KINGS COUNTY CLERK 11/22/2017 02:29 PM INDEX NO. 521463/2016
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 11/22/2017
Response to Demand for Insurance Information pursuant to CPLR 3101(f)
(Policy year July 1, 2013 – July 1, 2014)
New York Methodist Hospital (“NYMH”)
hereinafter without any requirement that they agree
thereto.
All liabilities arising out of the insurance coverage
described herein are the liabilities exclusively of the
NYMH Cell. Any liability to the Named Insured,
and/or to others, that arises out of the insurance
coverage described herein extends, and is
exclusively limited, to the assets of the NYMH Cell
and recourse may be had only to the assets of the
NYMH Cell.
Any insurance coverage to NYMH, and/or to others,
that is provided hereunder is subject to the
adequacy of the actual funding of the NYMH Cell as
provided solely by the holder of the NYMH Cell
shares. No assurance is, or can be, given that such
funding will be adequate or that the assets of the
NYMH Cell will be sufficient to pay or discharge the
insurance coverage liabilities of the NYMH Cell,
including any liabilities arising out of the insurance
coverage described herein. Neither CCCISCC, nor
any other cell (or the holder of shares of any
other cell), nor the holder of the NYMH Cell
shares has or shall have any liability arising out
of the insurance coverage described herein or
arising out of the failure or inability of the NYMH
Cell to provide the insurance coverage
described herein or the failure or inability of the
NYMH Cell to discharge or satisfy any liabilities
arising out of the insurance coverage described
herein.
Insurance coverage provided by the NYMH Cell is
not protected by any assets of any other cell, any
assets of CCCISCC or by any guaranty fund,
insolvency fund or their equivalent.
CCCISCC, in its sole discretion, may adopt
requirements for mandatory minimum funding of the
NYMH Cell. Even if CCCISCC does so, however,
NYMH response to CPLR §3101(f) demand
2013/14
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FILED: KINGS COUNTY CLERK 11/22/2017 02:29 PM INDEX NO. 521463/2016
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 11/22/2017
Response to Demand for Insurance Information pursuant to CPLR 3101(f)
(Policy year July 1, 2013 – July 1, 2014)
New York Methodist Hospital (“NYMH”)
there is no assurance that such minimum funding
will be fully and timely paid, and CCCISCC shall
have no obligation to seek or compel payment from
the entity that may be the provider of such minimum
funding, and no third party shall have any right or
legal standing to seek such payment.
Likewise, CCCISCC, in its sole discretion, may
obtain actuarial or other analysis and review of the
adequacy of the funding of the NYMH Cell. Even if
CCCISCC does so, however, and even if, upon
such analysis and review, the funding of the NYMH
Cell is considered to be adequate, the funding of the
NYMH Cell may be inadequate for a variety of
reasons, and the assets of the NYMH Cell may be
insufficient to pay or discharge the liabilities of the
NYMH Cell, including any liabilities arising out of the
insurance coverage described herein. Those
reasons may include, without limitation, (i) the
failure or the inability of the holder of the NYMH Cell
shares to provide minimum funding in a full and/or
timely manner, including the making of permitted
deferred payments before their pertinent deadlines,
to provide optional supplemental funding on a full
and/or timely basis, and/or to amortize the amount
of any funding inadequacy; (ii) losses and/or
allocated loss adjustment expenses that exceed
projections; (iii) payments that occur more rapidly
than projected; and/or (iv) adverse investment
performance. If, for any reason, the funding of the
NYMH Cell is inadequate, there is no requirement
that supplemental funding be sought or provided.
The obligation of CCCISCC to meet the Limit of
Liability of the Policy is subject always to the
availability of funding within the NYMH Cell and the
amount required to be retained in the NYMH Cell to
meet the solvency and other requirements of the
laws and regulations of Barbados.
NYMH response to CPLR §3101(f) demand
2013/14
Page 4 of 4
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Preview
FILED: KINGS COUNTY CLERK 11/22/2017 02:29 PM INDEX NO. 521463/2016 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 11/22/2017 Response to Demand for Insurance Information pursuant to CPLR 3101(f) (Policy year July 1, 2013 – July 1, 2014) New York Methodist Hospital (“NYMH”) Primary Hospital Professional Liability coverage: Insurer: Hospitals Insurance Company, Inc. (“HIC”) Policy No.: HIC 70113-38 Policy Period: July 1, 2013 – July 1, 2014 12:01 a.m. Standard Time at the address of NYMH Limits of Liability: Subject to the Policy Aggregate Limit of $3 million for Hospital Professional Liability, Voluntary Attending Physicians Professional Liability, and Individual Practitioners Professional Liability, combined, $1.3 million per Medical Incident for NYMH and its CCC Insurance Program-insured Voluntary Attending Physicians, and its CCC Insurance Program-insured Individual Practitioners, combined. The Policy Aggregate Limit is the most that HIC will pay, in the aggregate, for all Damages pursuant to the Policy regardless of the number of Insureds, Claims made, Suits brought, or persons or organizations making Claims or bringing Suits. Allocated loss adjustment expenses (“ALAE”) are included within all limits of liability. The limits are eroded as claims and ALAE are paid and committed. NYMH response to CPLR §3101(f) demand 2013/14 Page 1 of 4 1 of 4 FILED: KINGS COUNTY CLERK 11/22/2017 02:29 PM INDEX NO. 521463/2016 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 11/22/2017 Response to Demand for Insurance Information pursuant to CPLR 3101(f) (Policy year July 1, 2013 – July 1, 2014) New York Methodist Hospital (“NYMH”) Excess Hospital Professional Liability coverage: Insurer: CCC Insurance SCC (“CCCISCC”) Policy No.: SCC 838/13-14 The insurance coverage described herein is exclusively in respect of, and exclusively attributed to, CCCISCC/New York Methodist Hospital Cell (the “NYMH Cell”). Policy Period: July 1, 2013 – July 1, 2014 Both days at 12:01 a.m. Eastern Standard Time Limit of Liability: Subject to the funds remaining in the NYMH Cell, for Excess Hospital Professional Liability, the difference to $7.5 million per Medical Incident when combined with, and inclusive of, the per Medical Incident limit of liability for Hospital Professional Liability provided by the Primary Policy, inclusive of ALAE. The funds within the NYMH Cell also pay the per occurrence retention for Hospital General Liability set forth in the policy that provides NYMH with Hospital General Liability insurance. The funds within the NYMH Cell are eroded as claims and ALAE are paid and committed. Limitation of Liability: CCCISCC is a segregated cell company incorporated, organized and conducting its business under the laws of Barbados, including the Barbados Companies Act, Division G. Segregated Cell Companies. A segregated cell company is a special statutory form of insurance company as to which insurance coverage liabilities are borne exclusively by a specified cell. The rights of NYMH, and/or the rights of others, are restricted as set forth NYMH response to CPLR §3101(f) demand 2013/14 Page 2 of 4 2 of 4 FILED: KINGS COUNTY CLERK 11/22/2017 02:29 PM INDEX NO. 521463/2016 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 11/22/2017 Response to Demand for Insurance Information pursuant to CPLR 3101(f) (Policy year July 1, 2013 – July 1, 2014) New York Methodist Hospital (“NYMH”) hereinafter without any requirement that they agree thereto. All liabilities arising out of the insurance coverage described herein are the liabilities exclusively of the NYMH Cell. Any liability to the Named Insured, and/or to others, that arises out of the insurance coverage described herein extends, and is exclusively limited, to the assets of the NYMH Cell and recourse may be had only to the assets of the NYMH Cell. Any insurance coverage to NYMH, and/or to others, that is provided hereunder is subject to the adequacy of the actual funding of the NYMH Cell as provided solely by the holder of the NYMH Cell shares. No assurance is, or can be, given that such funding will be adequate or that the assets of the NYMH Cell will be sufficient to pay or discharge the insurance coverage liabilities of the NYMH Cell, including any liabilities arising out of the insurance coverage described herein. Neither CCCISCC, nor any other cell (or the holder of shares of any other cell), nor the holder of the NYMH Cell shares has or shall have any liability arising out of the insurance coverage described herein or arising out of the failure or inability of the NYMH Cell to provide the insurance coverage described herein or the failure or inability of the NYMH Cell to discharge or satisfy any liabilities arising out of the insurance coverage described herein. Insurance coverage provided by the NYMH Cell is not protected by any assets of any other cell, any assets of CCCISCC or by any guaranty fund, insolvency fund or their equivalent. CCCISCC, in its sole discretion, may adopt requirements for mandatory minimum funding of the NYMH Cell. Even if CCCISCC does so, however, NYMH response to CPLR §3101(f) demand 2013/14 Page 3 of 4 3 of 4 FILED: KINGS COUNTY CLERK 11/22/2017 02:29 PM INDEX NO. 521463/2016 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 11/22/2017 Response to Demand for Insurance Information pursuant to CPLR 3101(f) (Policy year July 1, 2013 – July 1, 2014) New York Methodist Hospital (“NYMH”) there is no assurance that such minimum funding will be fully and timely paid, and CCCISCC shall have no obligation to seek or compel payment from the entity that may be the provider of such minimum funding, and no third party shall have any right or legal standing to seek such payment. Likewise, CCCISCC, in its sole discretion, may obtain actuarial or other analysis and review of the adequacy of the funding of the NYMH Cell. Even if CCCISCC does so, however, and even if, upon such analysis and review, the funding of the NYMH Cell is considered to be adequate, the funding of the NYMH Cell may be inadequate for a variety of reasons, and the assets of the NYMH Cell may be insufficient to pay or discharge the liabilities of the NYMH Cell, including any liabilities arising out of the insurance coverage described herein. Those reasons may include, without limitation, (i) the failure or the inability of the holder of the NYMH Cell shares to provide minimum funding in a full and/or timely manner, including the making of permitted deferred payments before their pertinent deadlines, to provide optional supplemental funding on a full and/or timely basis, and/or to amortize the amount of any funding inadequacy; (ii) losses and/or allocated loss adjustment expenses that exceed projections; (iii) payments that occur more rapidly than projected; and/or (iv) adverse investment performance. If, for any reason, the funding of the NYMH Cell is inadequate, there is no requirement that supplemental funding be sought or provided. The obligation of CCCISCC to meet the Limit of Liability of the Policy is subject always to the availability of funding within the NYMH Cell and the amount required to be retained in the NYMH Cell to meet the solvency and other requirements of the laws and regulations of Barbados. NYMH response to CPLR §3101(f) demand 2013/14 Page 4 of 4 4 of 4