§ 4722.
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/vt/title-8/chapter-129/4722A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 4722. Definitions
As used in this chapter:
(1)“Person” means any individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including agents, brokers, appraisers, and adjusters. Person also means medical, dental, optometric, and hospital service plans as defined in this title. For the purposes of this title, medical, dental, optometric, and hospital service plans shall be deemed to be engaged in the business of insurance.
(2)“Commissioner” means the Commissioner of Financial Regulation.
(3)“Insurance policy” or “insurance contract” means any contract of insurance, indemnity, medical, dental, optometric, or hospital service, suretyship, or annuity issued, proposed for issuance, or intended for issuance by any person.
(4)(A) “Abusive litigation” means litigation or other legal action to deter, prevent, sanction, or punish any person engaging in legally protected health care activity by:
(i)filing or prosecuting any action in any other state where liability, in whole or part, directly or indirectly, is based on legally protected health care activity that occurred in this State, including any action in which liability is based on any theory of vicarious, joint, or several liability derived therefrom; or
(ii)attempting to enforce any order or judgment issued in connection with any such action by any party to the action or any person acting on behalf of a party to the action.
(B)A lawsuit shall be considered to be based on conduct that occurred in this State if any part of any act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in this State, whether or not such act or omission is alleged or included in any pleading or other filing in the lawsuit.
(5)“Legally protected health care activity” has the same meaning as in 1 V.S.A. § 150. (Amended 1973, No. 216 (Adj. Sess.), § 2, eff. May 1, 1974; 1989, No. 225 (Adj. Sess.), § 25; 1995, No. 180 (Adj. Sess.), § 38; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2023, No. 15, § 2, eff. May 10, 2023.)