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JUDGE v. ALLENTOWN AND SACRED H. H. C. ET AL.

No. 2952 C.D. 1981.

78 Pa.Commw. 373 (1983)

Thomas J. Judge, Sr., etc., Plaintiff v. Allentown and Sacred Heart Hospital Center and The Hartford Insurance Group, Defendants.

Commonwealth Court of Pennsylvania.

November 15, 1983.

Attorney(s) appearing for the Case

Don A. Leatherman, with him Robert W. Waeger, Skarlatos & Zonarich, for plaintiff, Thomas J. Judge, Sr.

Harry J. Stefchak, Chief Counsel, for plaintiff, Medical Professional Liability Catastrophe Loss Fund of the Commonwealth of Pennsylvania.

Frank A. Baker, III, with him Gary S. Figore and Richard F. Stevens, Butz, Hudders & Tallman, for defendant, Allentown and Sacred Heart Hospital Center.

Robert H. Holland, with him Barbara L. Hollenbach, Holland, Taylor and Sorrentino, for defendant, The Hartford Insurance Group.

John J. Dautrich, White & Williams, of counsel: David W. Marston, Barton L. Post, Post and Schell, P.A., and Alison Douglas Knox, Montgomery, McCracken, Walker & Rhoads, for defendant, Allen Neurosurgical Association, Inc.

Argued February 3, 1983, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and DOYLE, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., November 15, 1983:

For disposition are preliminary objections in the nature of demurrers filed by the Hartford Insurance Group (Hartford or Defendant) and its insured, the Allentown and Sacred Heart Hospital Center (Hospital Center or Defendant), to an amended complaint in assumpsit filed by the Director of the Medical Professional Liability Catastrophe Loss Fund (Fund or Plaintiff). In this original action,1

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