§ 7436. Claims-made policies; special requirements. (a) Where a policy
has been issued on a claims-made basis by an insurer against which an
order of liquidation, rehabilitation or conservation has been entered
pursuant to this article, the superintendent shall provide, at an
appropriate additional premium by the insured and consistent with the
terms of such policy, for the issuance of coverage for claims based on
occurences prior to the termination of the policy which are reported
after the termination of the policy, in the event that the insured seeks
to purchase such coverage in accordance with the terms of such policy.

(b) If the order of liquidation, rehabilitation or conservation is
entered against an insurer which has issued medical malpractice policies
on a claims-made basis, then notwithstanding the entry of such order,
the superintendent shall comply with the requirements for claims-made
policies as set forth in subsections (b), (c) and (d) of section three
thousand four hundred thirty-six of this chapter and paragraphs two,
three and four of subsection (f) of section five thousand five hundred
four of this chapter.

(c) In the event that an insured, who has been issued a medical
malpractice policy on a claim-made basis by an insurer against which an
order of liquidation has been entered pursuant to this article, chooses
to purchase coverage from a successor insurer, the superintendent shall
expedite the transfer of coverage that has been accrued, for claims
based on occurrences prior to the termination of the policy which are
reported after the termination of the policy, to the successor insurer
of each insured, in accordance with the requirement for claims-made
policies as set forth in subsections (b), (c) and (d) of section three
thousand four hundred thirty-six and paragraphs two, three and four of
subsection (f) of section five thousand five hundred four of this
chapter.