Property Insurers: Data Call - New York Medical Malpractice Insurance Plan

New York Medical Malpractice Insurance Plan – May 1, 2026

Insurance Regulation No. 170 (11 NYCRR 430), promulgated pursuant to Section 5502(c) of the Insurance Law, established the New York Medical Malpractice Insurance Plan and requires all insurers licensed in New York and writing medical malpractice insurance on a direct basis to be members of the Plan. Eligible health care practitioners and facilities unable to obtain coverage in the voluntary market will be assigned to members of the Plan writing the applicable class of coverage.

Contact: Alan Goren (212) 480-5587 or Xiu Lin (212) 480-5647 with any questions.

The due date of the report is: May 1, 2026

Email completed Report file and affirmation to the Department at [email protected]. 

Reg §308 Medical Malpractice Premiums Report Instructions

For Calendar Year 2025 Data

1. The “m308rept.xlsx” file you will be working with contains the table for entering the information on Medical Malpractice written premiums required to complete this Special Report.  It is strongly recommended that you immediately back-up the “m308rept.xlsx” file to your computer before inputting any data.
2. Please rename the “m308rept.xlsx” file, by saving it with the five-digit NAIC number of the reporting insurer.  For example, if your NAIC number is 12345, you should save the file as "12345.xlsx."  Make as many separate files as necessary to report on all the entities in your reporting group which have received a survey.
3. After saving and naming the file(s), open one spreadsheet file, and before entering any other data, complete the INSURER and CONTACT information section.  In the highlighted yellow cells enter (your company's name, NAIC and group number, etc.) You should enter information only in the cells highlighted in yellow; all other cells in the file are protected and no entries should be made into them.
4. DO NOT CHANGE THE POSITION OR CONTENT OF ANY CELLS ON THE REPORT.
5. Section I - "Medical Malpractice Insurance Direct Premium Written in NY State for Calendar year 2025"; all direct Medical Malpractice premiums, including Free Trade Zone business, must be included in Section I.  In this section, you should enter the amount of the company's 2025 Direct Written Premium for each medical specialty listed.  Please note the following:
   1. Items one through nine are the medical specialties listed in Section 5501(b) & (c) of the New York Insurance Law as comprising items covered under "Medical Malpractice Insurance";
   2. Item 10. asks you to include "ALL OTHER MEDICAL SPECIALTIES" - not listed (in items one through nine) and requests that you enter each specific specialty being written, as well as the Direct Written Premium for each in 2025;
   3. Therefore, the "GRAND TOTAL" should equal the amount reported in the company’s 2025 “Exhibit of Premiums and Losses (New York”) Line 11.1 & 11.2. 
6. The lines labeled "TOTAL LINES 1-9", "TOTAL LINE 10 ITEMS", and "GRAND TOTAL", contain formulas which sum the amounts from the various lines above.  These areas are protected, and no entries should be made into them.  These areas will initially display a "0" value and will automatically total the values as you fill in information in the appropriate cells (highlighted in yellow).
7. Section II requests further detail on whether any of the reported premiums represents the amount attributable from the MMIP Pool premiums, and specifically requests if the insurer is writing medical malpractice business in the Free Trade Zone:
   1. Complete Question (1) If the company writes any business described in lines 1-9 of Section I, then it is required to participate in the MMIP.  Therefore, the company will have premiums attributable to this participation, which must be included in premiums in the annual report. If the answer is "Yes" to Question 1, an amount must be entered for Question (2), which should be equal to the amount shown for the company in the summary sent with the survey notice (see #8 below for numerical explanation).
      1. NOTE: There should be no MMIP premiums included which relate to the lines of business reported on Line(s) 10, as these are not written through the MMIP and therefore should have no participation.
   2. Complete question (3) (identify the annual statement location and amount of the premiums).
   3. Answer “Yes” or “No” to Question 4 if your company had any written Medical Malpractice insurance premiums attributable to the Free Trade Zone during Calendar Year 2025.
8. With respect to the amount requested in item (2) of Section II, the MMIP issues quarterly reports of participating premiums to all member companies, for inclusion of these amounts in reporting on each company’s annual financial statements.
9. In addition, the MMIP issues annual statements in January which contain a breakdown of each company’s total participation numbers; a copy of the current statement has been provided (“MMIP-Financial Report-Dec2025.pdf”). There is a page in this statement for each company; on the company's page, subtracting the “Total” number of Premiums Written for the previous year’s report (2024) from the same item for the current year’s report (2025) will arrive at the reportable dollar amount of participating premium for the current year; this number should also match the total of the four quarterly statements provided to the company.
10. A separate document has also been provided (“MMIP-Premium Written-Jan-Dec2025.pdf”), which displays the written premium for each company on page 2.
11. Also attached to this survey is an AFFIRMATION form (“MMIP308_Affirmation.doc”). The name and signature of the Senior Underwriting Officer and the date of the affirmation should be entered in the spaces provided. A separate affirmation form must be submitted for each reporting company. The affirmation form(s) should be scanned and submitted with the report.

Email completed report(s), including the completed Excel file, saved using your five-digit NAIC number as discussed in step (2) above, and the scanned Affirmation form, to [email protected]. The subject line of the email containing the submissions should contain the Company's name (abbreviation is acceptable), NAIC code, and "MMIP Section 308 Report".

Note that the Department does not require a printed copy of any part of the report.

If you experience technical difficulties in using this survey file, please contact Xiu Lin at [email protected], or Alan Goren at [email protected].

The due date of the report is: May 1, 2026