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OHIO CAS. GROUP v. ARGONAUT INS. CO.

136 Pa.Commw. 522 (1990)

583 A.2d 872

The OHIO CASUALTY GROUP OF INSURANCE COMPANIES, Petitioner, v. ARGONAUT INSURANCE COMPANY, and Thomas J. Judge, Sr., as Director of the Medical Professional Liability Catastrophe Loss Fund of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 6, 1990.

Attorney(s) appearing for the Case

Ronald H. Heck, with him, Patrick J. Shannon, Ronald H. Heck and Associates, Pittsburgh, for petitioner.

Robert W. Murdoch, with him, David H. Trushel, Grogan, Graffam, McGinley & Lucchino, P.C., Pittsburgh, for respondents.

Before DOYLE and KELLEY, JJ., and SILVESTRI, Senior Judge.

DOYLE, Judge.

Before us for disposition in our original jurisdiction is a motion for summary judgment filed by Thomas J. Judge, Sr., Director of the Medical Professional Liability Catastrophe Loss Fund (CAT Fund) of the Commonwealth of Pennsylvania.

This case has had a lengthy procedural history which is relevant to our deliberations. Argonaut Insurance Company (Argonaut) was the primary medical malpractice liability carrier for William R. Davison, M.D., with...

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