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CULLEN v. PA. PROPERTY AND CAS. INS. GUAR. ASS'N

760 A.2d 1198 (2000)

Janet E. CULLEN and Michael Cullen, w/h, Petitioners, v. PENNSYLVANIA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION and Medical Professional Liability Catastrophe Loss Fund and U.S. Fire Insurance Company and Walter W. Dearolf, III, M.D., Respondents.

Commonwealth Court of Pennsylvania.

Decided October 17, 2000.

Attorney(s) appearing for the Case

Tobias L. Millrood, Philadelphia, for petitioners.

Zella Smith Anderson, Harrisburg, for Medical Professional Liability Cat. Loss Fund.

Charles M. Schultz, West Conshohocken, for U.S. Fire Ins. Co.

Lise Luborsky, Philadelphia, for Property and Cas. Ins. Guar. Ass'n Pa.

BEFORE: COLINS, Judge, LEADBETTER, Judge, LEDERER, Senior Judge.

LEADBETTER, Judge.

Before this court is the summary judgment motion filed by Janet E. and Michael Cullen in their declaratory judgment action seeking a determination as to whether Janet Cullen's employer is entitled to subrogation rights in the settlement the Cullens obtained in a third-party tort action.1 Specifically at issue is the question of whether the subrogation rights of an employer under Section 319 of the Workers' Compensation...

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