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STRICKLER v. DeSAI

768 A.2d 862 (2001)

James STRICKLER, Jr., A Minor, by James Strickler and Angela Strickler, His Parents and Natural Guardians, and James Strickler and Angela Strickler, In Their Own Right, Appellants, v. Bharati DeSAI, M.D., Appellee.

Superior Court of Pennsylvania.

Filed January 19, 2001.

Reargument Denied March 29, 2001.

Attorney(s) appearing for the Case

Thomas Hollander, Pittsburgh, for appellants.

Korry A. Greene, Pittsburgh, for appellee.

Before CAVANAUGH, EAKIN and TAMILIA, JJ.

CAVANAUGH, J.:

¶ 1 This case involves the interpretation of the non-duplication of recovery provision of the Pennsylvania Property and Casualty Insurance Guaranty Association Act (Guaranty Association Act), 40 P.S. § 991.1817. The Pennsylvania Property and Casualty Insurance Guaranty Association (PPCIGA) was created to assume the liabilities of insolvent insurers. However, under the non-duplication provision, PPCIGA can sometimes offset its liability due...

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