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LAHAV v. MAIN LINE OB/GYN

727 A.2d 1104 (1999)

Adam LAHAV, A Minor, by His Parents and Natural Guardians, Steven LAHAV and Marcy L. Weiner, and Steven Lahav and Marcy L. Weiner, in their own right, Appellants, v. MAIN LINE OB/GYN ASSOCIATES, P.C., Stephen P. Krell, M.D.; Physicians Insurance Company; and The Medical Professional Liability Catastrophic Loss Fund, Appellees.

Supreme Court of Pennsylvania.

Decided March 30, 1999.

Attorney(s) appearing for the Case

Louis Podel, Paul C. Quinn, Philadelphia, for Adam Lahav, et al.

Amy L. Weber, Harrisburg, for Ins. Dept.

Shanin Specter, Philadelphia, for appellees.

Thomas S. Biemer, Philadelphia, for Physicians Ins. Co.

Guy A. Donatelli, West Chester, for CAT Fund.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

NIGRO, Justice.

The issue before the Court is whether the Medical Professional Liability Catastrophe Loss Fund (CAT Fund) is liable for delay damages awarded in an underlying malpractice action. The Commonwealth Court held that the CAT Fund is not liable for delay damages and for the reasons discussed below, we affirm.

On April 27, 1992, Appellants Steven Lahav and Marcy Weiner filed a medical malpractice suit against Dr. Stephen Krell...

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