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DELLENBAUGH v. COM. CAT FUND

756 A.2d 1172 (2000)

Charles DELLENBAUGH, Administrator of the Estate of Dora M. Dellenbaugh v. COMMONWEALTH of Pennsylvania MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND and Pennsylvania Medical Society Liability Insurance Company. Appeal of Medical Professional Liability Catastrophe Loss Fund.

Supreme Court of Pennsylvania.

Decided August 22, 2000.

Attorney(s) appearing for the Case

William H. Lamb, Guy A. Donatelli, Lamb, Windle & McErlane, West Chester, for CAT Fund.

William S. Schweers, Jr., Harrington Schweers Datillo & McClelland, Canonsburg, for Dellenbaughs.

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

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal from a memorandum decision of Commonwealth Court1 which held that the appellant, Medical Professional Liability Catastrophe Loss Fund (CAT Fund), an agency of the Commonwealth, is responsible for providing statutory excess liability coverage in a medical malpractice action against a surgeon, Arturo Azurin, M.D. The background of the case is as follows.

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