McCARTHY v. BAINBRIDGE

No. 92-08969.

39 Pa. D. & C. 4th 94 (1998)

McCarthy v. Bainbridge

Common Pleas Court of Chester County, Pennsylvania.

October 8, 1998.


Attorney(s) appearing for the Case

William C. Archbold Jr., for plaintiffs.

Mark T. Riley and Joan Orsini-Ford, for defendants.

Lise Luborsky, for Pa. Property and Casualty Insurance Guaranty Assn.


WOOD, J., October 8, 1998.

In this matter, I am called upon to decide whether or not a claimant against the Pennsylvania Property and Casualty Insurance Guaranty Association, whose claim arises out of the insolvency of a medical malpractice insurer, must deduct from that claim amounts received from a life insurance company. I conclude that the claimant need not do so.

In 1991, plaintiff's decedent allegedly received improper care at the hands of defendant...

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