Page:United States Statutes at Large Volume 117.djvu/2882

 PUBLIC LAW 108–189—DEC. 19, 2003

117 STAT. 2863

carrier on the date on which that servicemember transmits to the insurance carrier a written request for reinstatement. ‘‘(2) TIME AND PREMIUM FOR REINSTATEMENT.—The request of a servicemember for reinstatement shall be effective only if the servicemember transmits the request to the insurance carrier within 30 days after the date on which the servicemember is released from active duty. The insurance carrier shall notify the servicemember of the due date for payment of the premium of such insurance. Such premium shall be paid by the servicemember within 30 days after receipt of that notice. ‘‘(3) PERIOD OF REINSTATED COVERAGE.—The period for which professional liability insurance coverage shall be reinstated for a servicemember under this subsection may not be less than the balance of the period for which coverage would have continued under the insurance policy if the coverage had not been suspended. ‘‘(d) INCREASE IN PREMIUM.— ‘‘(1) LIMITATION ON PREMIUM INCREASES.—An insurance carrier may not increase the amount of the premium charged for professional liability insurance coverage of any servicemember for the minimum period of the reinstatement of such coverage required under subsection (c)(3) to an amount greater than the amount chargeable for such coverage for such period before the suspension. ‘‘(2) EXCEPTION.—Paragraph (1) does not prevent an increase in premium to the extent of any general increase in the premiums charged by that carrier for the same professional liability coverage for persons similarly covered by such insurance during the period of the suspension. ‘‘(e) CONTINUATION OF COVERAGE OF UNAFFECTED PERSONS.— This section does not— ‘‘(1) require a suspension of professional liability insurance protection for any person who is not a person referred to in subsection (a) and who is covered by the same professional liability insurance as a person referred to in such subsection; or ‘‘(2) relieve any person of the obligation to pay premiums for the coverage not required to be suspended. ‘‘(f) STAY OF CIVIL OR ADMINISTRATIVE ACTIONS.— ‘‘(1) STAY OF ACTIONS.—A civil or administrative action for damages on the basis of the alleged professional negligence or other professional liability of a servicemember whose professional liability insurance coverage has been suspended under subsection (b) shall be stayed until the end of the period of the suspension if— ‘‘(A) the action was commenced during the period of the suspension; ‘‘(B) the action is based on an act or omission that occurred before the date on which the suspension became effective; and ‘‘(C) the suspended professional liability insurance would, except for the suspension, on its face cover the alleged professional negligence or other professional liability negligence or other professional liability of the servicemember.

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