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CONNOLLY v. COM., CAT FUND

739 A.2d 104 (1999)

Margaret R. CONNOLLY, Appellant, v. COMMONWEALTH of Pennsylvania, MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND and Thomas Callahan, Director, Medical Professional Liability Catastrophe Loss Fund, Appellee.

Supreme Court of Pennsylvania.

Decided April 20, 1999.

Attorney(s) appearing for the Case

Michael R. Libor, Jennifer H. Adams, Philadelphia, for appellant Margaret R. Connolly.

B. Craig Black, Harrisburg, for CAT Fund and Thomas Callahan.

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

OPINION OF THE COURT

CASTILLE, Justice.

The issue before this Court is whether the Medical Professional Liability Catastrophe Loss Fund (CAT Fund) has a duty to defend claims that do not arise from the professional liability of a medical provider. Because we determine that the CAT Fund's liability is limited by statute to those claims arising from the provision of, or failure to provide, medical services, we affirm the decision of the Commonwealth...

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