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KING v. BOETTCHER

537 Pa. 574 (1994)

645 A.2d 219

Robert L. KING, v. Ralph C. BOETTCHER, Executor of the Estate of Patricia E. Boettcher, deceased, Pennsylvania Medical Society Liability Insurance Company, a corporation; and Pennsylvania Medical Professional Liability Catastrophe Loss Fund. Appeal of PENNSYLVANIA MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND At No. 102. Appeal of Ralph C. BOETTCHER At No. 103.

Supreme Court of Pennsylvania.

Decided July 26, 1994.

Reargument Denied August 31, 1994.

Attorney(s) appearing for the Case

Richard L. McMonigle, Jr., Philadelphia, for Pa. Medical Professional Liability Catastrophic Loss Fund.

Donald A. Tortorice, Arthur K. Hoffman, Matthew Chabal, III, Harrisburg, for amicus curiae—Hosp. Assn. of Pa.

Robert J. Donahoe, Pittsburgh, for R.C. Boettcher.

Edward D. Klym, Pittsburgh, for Pa. Medical Soc. Liability Ins. Co.

M. Theresa Creagh, Pittsburgh, for R.L. King.

Robert B. Hoffman, Harrisburg, for amicus curiae—Pa. Medical Soc.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The issue presented by this case is whether the Medical Professional Liability Catastrophe Loss Fund (the "CAT Fund") created by the Health Care Services Malpractice Act, 40 P.S. § 1301.101 et. seq. ("the Act"), is liable for post-judgment interest when it fails to pay a judgment awarded against it when the judgment is due.

In the underlying medical malpractice...

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