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McCARTHY v. BAINBRIDGE

739 A.2d 200 (1999)

Catherine McCARTHY, Executrix of the Estate of David J. McCarthy, deceased; and Catherine McCarthy in Her Own Right; and Catherine McCarthy as Parent and Natural Guardian of Casey McCarthy and Ryan McCarthy, Minors, Appellees, v. William J. BAINBRIDGE, M.D., Paoli Family Medicine and Bainbridge, Groves & Yelovich, Individually and Trading as Bainbridge, Groves & Yelovich, P.C., a Pennsylvania Professional Corporation, and the Pennsylvania Property and Casualty Insurance Guaranty Association, as Intervenor, Appellants.

Superior Court of Pennsylvania.

Filed September 24, 1999.

Attorney(s) appearing for the Case

Lise Luborksy, Philadelphia, for PA Property & Cas. Ins. Guar. Assoc., appellant.

Joan O. Ford, Doylestown, for William J. Bainbridge, M.D., Paoli Family, etc. appellants.

William C. Archbold, Jr., Media, for appellee.

Before DEL SOLE, MONTEMURO and BECK, JJ.

BECK, J.:

¶ 1 This case presents a question of first impression involving the proper interpretation to be given to § 991.1817 (Non-duplication of recovery) of Article XVIII of the Insurance Department Act, in which the functions and responsibilities of the Pennsylvania Property and Casualty Insurance Guaranty Association (PIGA) are set forth. 40 P.S. § 991.1817, the non-duplication of recovery provision, The question is whether section 991.1817 permits...

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