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CHOW EX REL. CHOW v. ROSEN

812 A.2d 587 (2002)

Kevin CHOW, a Minor, by and through his parents and natural guardians, Chi CHOW and Jenny Chow, and in their own right, v. Bruce J. ROSEN, M.D., Deborah Bieter Schultz, M.D., Jerome B. Goldstein, M.D., Penn Women's Health Associates, P.C. and Pennsylvania Property and Casualty Insurance Guaranty Association, Intervenor. Appeal of Independence Blue Cross.

Supreme Court of Pennsylvania.

Decided December 19, 2002.

Attorney(s) appearing for the Case

Michael Joseph Laffey, Richard B. Tucker, Pittsburgh, for Independence Blue Cross.

Paul J. Gitnik, Pittsburgh, for Highmark/Capital Blue Cross/Hospital Service of NE PA.

Lise Luborsky, Philadelphia, for PA Property & Casualty Insurance Guaranty Association.

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

OPINION

Chief Justice ZAPPALA.

We granted allowance of appeal to consider whether a common pleas court presiding over settlement of a medical malpractice claim involving a minor plaintiff properly disallowed intervention by a subrogee health insurance provider based upon application of the non-duplication of recovery provision of the Pennsylvania Property and Casualty Insurance Guaranty Association Act. For the reasons set forth herein, we affirm...

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