The following words and phrases when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

“Commissioner” means the Insurance Commissioner of the Commonwealth.

“Company” means any person engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative or regulatory authority of the Insurance Department. The term includes the Pennsylvania Professional Liability Joint Underwriting Association established in section 731 of the act of March 20, 2002 (P.L. 154, No. 13),¹ known as the Medical Care Availability and Reduction of Error (Mcare) Act.

“Department” means the Insurance Department of the Commonwealth.

“Examiner” means any individual or firm having been authorized by the Insurance Department to conduct an examination under this article.

“Insurer” means any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds insurer, fraternal benefit society, beneficial association and any other legal entity engaged in the business of insurance, including agents, brokers and adjusters and also means health care plans as defined in 40 Pa.C.S. Chs. 61 (relating to hospital plan corporations), 63 (relating to professional health services plan corporations), 65 (relating to fraternal benefit societies) and 67 (relating to beneficial societies) and the act of December 29, 1972 (P.L. 1701, No. 364),² known as the “Health Maintenance Organization Act.” For purposes of this article, health care plans, fraternal benefit societies and beneficial societies shall be deemed to be engaged in the business of insurance.

“NAIC” means the National Association of Insurance Commissioners.

“Person” means any individual, aggregation of individuals, trust, association, partnership or corporation or any affiliate thereof. The term shall exclude agents.