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Medical malpractice insurance in Pennsylvania

Pennsylvania requires a health care provider delivering care in the Commonwealth to buy professional-liability insurance or provide self-insurance, and the MCARE Act sets basic coverage and fund participation rules. For providers participating in MCARE, the insurer or self-insured program must timely remit the applicable assessment; the Insurance Department says MCARE may withhold defense and indemnity where amounts remain unpaid when a claim is first reported. Verify participation, each insured professional/entity and remittance rather than assuming a paid premium alone completes the fund step. 1,2

What Is Medical Malpractice?

Medical malpractice insurance can pay defense costs and covered damages when a patient claims a clinician’s care caused harm. If you provide health care, match the quote to your practice, clinicians, specialties and procedures, then check who is insured. Read the national Medical malpractice guide.

What to Watch for in Pennsylvania

  • Determine whether the provider participates

    The Act’s current framework distinguishes participating providers, hospitals and nonparticipating providers; a compiler note says fund subchapter rules were repealed for providers doing less than 50% of their health-care business or practice in Pennsylvania. The Department’s 2026 manual is the current operational guide. Confirm the service share and eligibility before selecting the limits or assessment path. 1

  • Track MCARE assessment remittance

    The Insurance Department says assessment reports and remittances are due within 60 calendar days of the basic policy’s inception and warns that MCARE may deny defense or indemnity if monies due were not remitted before the claim was first reported. Ask the insurer or self-insurer for proof of the applicable submission. 2

  • Plan claims-made continuity

    Pennsylvania’s 2026 manual says a claims-made insured must secure coverage for claims made after expiry, through tail from the expiring carrier or replacement coverage with a retroactive date reaching the prior period. Check that any MCARE participation and insured-entity reporting align with the selected continuity route. 3

Who Regulates Insurance in Pennsylvania

Pennsylvania Insurance Department

The Pennsylvania Insurance Department publishes state tools to check licensed producers, agencies, and insurers, and its Consumer Services Online portal accepts complaints about insurers, agents, brokers, and public adjusters. The department also oversees Pennsylvania insurance business and consumer services. 4,5,6

Surplus-lines tax and stamping office

Reported tax rate: 3% of gross premium (2% for eligible surplus-lines risk retention groups) Pennsylvania charges 3% of gross surplus-lines premiums (2% for an eligible surplus-lines risk-retention group); the tax is in addition to premium, is borne by the insured, and is collected by the producer. For multistate risks, the 2025 Revenue instructions say all gross premiums are taxable when Pennsylvania is the home state, while Insurance Company Law §1621(d) says tax is levied only on premium reasonably ascribable to Pennsylvania risk; confirm allocation with your producer or the state. Surplus-lines coverage is excluded from the guaranty association, and qualifying large risks or exempt commercial purchasers may use distinct no-search routes, with the ECP route requiring disclosure and written request. 7,8,9,10

Providers With Documented State Licenses

These providers publish a national listing for Medical malpractice; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Pennsylvania. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 13
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 17

Questions to Ask Before You Buy in Pennsylvania

  1. What percentage of the provider’s health-care business or practice is in Pennsylvania, and does that put the provider in MCARE participation?
  2. Who remits the assessment for each provider and eligible entity, and can they confirm receipt within 60 days of inception?
  3. If replacing claims-made coverage, does tail or the successor retroactive date protect the full expiring period?

Medical Malpractice in Pennsylvania: FAQ

Does MCARE replace the primary malpractice policy? 1

No. The Act distinguishes basic liability insurance or approved self-insurance from fund participation and excess layers. Confirm each layer, its covered provider/entity, and the fund participation record. 1

Can an unpaid assessment affect a claim? 2

The Pennsylvania Insurance Department says MCARE will not provide indemnity or a defense if applicable monies were not remitted before the claim was first reported. Confirm the actual provider/entity and basic coverage period with the insurer or MCARE. 2

Medical Malpractice in Other States

Other Coverage in Pennsylvania

Sources

  1. MCARE Act §711, 40 P.S. §1303.711. Pennsylvania General Assembly; Subsections (a)–(j), insurance, proof, basic limits, fund participation and self-insurance; compiler note on 50% threshold. Accessed 2026-09-28.
  2. MCARE Coverage. Pennsylvania Insurance Department; Coverage section, 60-day assessment remittance and when MCARE will not provide defense/indemnity; 2026 manual linked. Accessed 2026-09-28.
  3. 2026 MCARE Assessment Manual. Pennsylvania Insurance Department; Sections V.B and VI.A–B; nonparticipating-provider basic limits and claims-made tail/retroactive-date requirements. Accessed 2026-09-28.
  4. pennsylvania insurance regulator. State insurance regulator; PID official agency page and the search/consumer-help service map. Accessed 2026-09-28.
  5. Pennsylvania Insurance Industry Search Tool Library. State insurance regulator; PID identifies consumer Sircon and detailed individual, business-entity, and company search tools. Accessed 2026-09-28.
  6. File a Complaint with Your Insurance Company, Agent, Broker, or Public Adjuster. State insurance regulator; PID directs insurance complaints and questions to its Consumer Services Online portal. Accessed 2026-09-28.
  7. RCT-123 Gross Premiums Tax - Surplus Lines Agents (2025). Pennsylvania Department of Revenue; Instructions p. 4, imposition/base/rate: 3% on gross premiums; insured bears tax, producer collects/remits; RRG exception 2% per statute. Accessed 2026-09-28.
  8. Insurance Company Law, §1621. Pennsylvania General Assembly; Subsection (d): multi-state tax is levied only on premium reasonably ascribable to Pennsylvania risk. This differs from the 2025 RCT-123 instructions, which state all gross premiums taxable if PA is home state; see source tax. Accessed 2026-09-28.
  9. Insurance Department Act, surplus-lines notice provision. Pennsylvania General Assembly; Policy legend: insurer is not licensed and surplus-lines insurance is NOT covered by Pennsylvania Insurance Guaranty Association. Accessed 2026-09-28.
  10. Pennsylvania Insurance Company Law §§1604 and 1610 (40 P.S. §§991.1604, 991.1610). Pennsylvania General Assembly; Act 28 of 2011 §1610(a), (a.1): large-risk criteria and ECP disclosure followed by written request exempt from diligent-search requirements. Accessed 2026-09-28.
  11. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  12. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  13. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  14. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  15. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  16. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  17. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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