MAIN LINE HEALTH, INC. v. PA. MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND


738 A.2d 66 (1999)

MAIN LINE HEALTH, INC., a Pennsylvania not-for-profit corporation, and American Excess Insurance Exchange—Risk Retention Group, Inc., a Vermont reciprocal, Petitioners, v. The PENNSYLVANIA MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND, John H. Reed, in his capacity as the Director of the Pennsylvania Medical Professional Liability Catastrophe Loss Fund, John H. Reed, M. Diane Koken, Thomas J. Judge, Sr., Joseph Cesare, Joan R. Richards, Howard F. Messer, Charles D. Hummer, Jr., David Zuern, Gary Veshecco, Robert Lohr and Shanin Specter, each in his/her capacity as a Member of the Advisory Board of the Pennsylvania Medical Professional Liability Catastrophe Loss Fund, and the Pennsylvania Property and Casualty Insurance Guaranty Association, Respondents.

Commonwealth Court of Pennsylvania.

Decided September 14, 1999.

Reargument Denied October 14, 1999.


Attorney(s) appearing for the Case

Elaine Rappaport Lev and Bruce C. Nelson, Chicago, IL, for petitioners.

Guy A. Donatelli, West Chester, for respondents.

Lise Luborsky, Philadelphia, for respondent, the PA Property & Cas. Guar. Assoc.

Before FRIEDMAN, J., LEADBETTER, J., and McCLOSKEY, Senior Judge.


FRIEDMAN, Judge.

The Pennsylvania Medical Professional Liability Catastrophe Loss Fund (CAT Fund), John H. Reed, in his capacity as the Director of the CAT Fund (Director), and John H. Reed, M. Diane Koken, Thomas J. Judge, Sr., Joseph Cesare, Joan R. Richards, Howard F. Messer, Charles D. Hummer, Jr., David Zuern, Gary Veshecco, Robert Lohr and Shanin Specter, each in his/her capacity as a member of the CAT Fund Advisory Board (Advisory Board) (collectively, CAT...

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