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Pennsylvania Statutes Title 40 P.S. Insurance § 991.1803. Pennsylvania property and casualty insurance guaranty association

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(a) Every insurer shall participate in the Pennsylvania Property and Casualty Insurance Guaranty Association, as hereinafter described, as a condition of its authority to write property and casualty insurance policies within this Commonwealth.

(b) The association shall have the following powers and duties:

(1)(i) To be obligated to pay covered claims existing prior the determination of the insolvency, arising within thirty (30) days after the determination of insolvency or before the policy expiration date if less than thirty (30) days after the determination of insolvency or before the insured replaces the policy or causes its cancellation if he does so within thirty (30) days of the determination.  Any obligation of the association to defend an insured shall cease upon the association's payment or tender of an amount equal to the lesser of the association's covered claim obligation or the applicable policy limit.  Such obligation shall be satisfied by paying to the claimant an amount as follows:

(A) An amount not exceeding ten thousand ($10,000) dollars per policy for a covered claim for the return of unearned premium.

(B) An amount not exceeding three hundred thousand ($300,000) dollars per claimant for all other covered claims.

(ii) In no event shall the association be obligated to pay a claimant an amount in excess of the obligation of the insolvent insurer under the policy or coverage from which the claim arises.  Notwithstanding any other provisions of this article, a covered claim shall not include any claim filed with the association after the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer.

(2) To be deemed the insurer to the extent of its obligation on the covered claims and, to such extent, shall have all rights, duties and obligations of the insolvent insurer as if that insurer had not become insolvent.

(3) To assess member insurers in accordance with sections 1808 through 1811   1 the amounts necessary to pay the obligations of the association under paragraph (1), the expenses of handling covered claims, the cost of examinations under sections 1805 and 1812(a)(3)   2 and other expenses authorized by this article.

(4) To investigate claims brought against the association and adjust, compromise, settle and pay covered claims to the extent of the association's obligation and deny all other claims, and may review settlements, releases and judgments to which the insolvent insurer or its insureds were parties to determine the extent to which such settlements, releases and judgments may be properly contested.

(5) To give such notice as the commissioner may direct under section 1812(b)(1).

(6) To handle claims through its employes or through one or more of its member insurers which agrees to do so or through other persons designated with the prior approval of the commissioner as servicing facilities.

(7) To reimburse each servicing facility for obligations of the association paid by the facility and for expenses incurred by the facility while handling claims on behalf of the association and pay such other expenses of the association as are authorized by this article.

(8) To notify the commissioner of any information indicating any member insurer may be insolvent or in such condition that its further transaction of business will be hazardous to its policyholders, to its creditors or to the public.

(9) Within ninety (90) days of the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, to prepare a report on the history and causes of such insolvency based on the information available to the association and submit such report to the commissioner.

(c) The association may:

(1) Employ or retain such persons as are necessary to perform the duties of the association.

(2) Borrow funds necessary to effect the purposes of this article in accordance with the plan of operation approved by the commissioner pursuant to section 1804.  3

(3) Sue or be sued.

(4) Negotiate and become, with the prior approval of the commissioner, a party to such contracts as are necessary to carry out the purposes of this article.

(5) Request that the commissioner order an examination of any member insurer which it in good faith believes may be in such condition that its further transaction of business will be hazardous to its policyholders, to its creditors or to the public.

(6) Make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer.  Such reports and recommendations shall not be considered public documents.

(7) Make recommendations to the commissioner for the detection and prevention of insurer insolvencies.

(8) Perform such other acts as are necessary or proper to effectuate the purposes of this article.

(d)(1) Within ninety (90) days following the effective date of this article, the association shall submit to the commissioner for his review a proposed plan of operation which shall provide for the fair, reasonable and equitable administration of the association, consistent with the purposes and provisions of this article.

(2) The plan of operation shall be subject to and take effect upon approval by the commissioner.  If the commissioner disapproves the proposed plan of operation, the association shall, within such period of time as shall be specified by the commissioner, submit for review an appropriately revised plan of operation.  If the association fails to do so or if the revised plan so filed is unacceptable, the commissioner shall promulgate a plan of operation.

(e)(1) The association shall be governed by a board of seven directors, serving terms as established in the plan of operation.  The members of the board shall be selected by the member insurers, subject to the approval of the commissioner.

(2) Any vacancy on the board shall be filled for the remaining period of the term in the same manner as the initial selections.

(3) If the member insurers fail to select the required number of directors within thirty (30) days after the effective date of this article or if a vacancy remains unfilled for more than fifteen (15) days, the commissioner may appoint the directors necessary to constitute a full board.

(4) In approving selections for the board, the commissioner shall consider among other things whether all member insurers are fairly represented.

(5) Members of the board may be reimbursed from the assets of the association for reasonable expenses incurred by them as such members.

1  40 P.S. §§ 991.1808 to 991.1811.
2  40 P.S. §§ 991.1805, 991.1812(a)(3).
3  40 P.S. § 991.1804.

Cite this article: - Pennsylvania Statutes Title 40 P.S. Insurance § 991.1803. Pennsylvania property and casualty insurance guaranty association - last updated January 01, 2019 |

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