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ST. PAUL FIRE AND MARINE INS. CO. v. ROCHE

809 A.2d 1045 (2002)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Petitioner, v. Edward ROCHE, Plenary Guardian of the Person and Estate of Diane Roche, an Incapacitated person, and in his own right and William J. Scharfenberger, Trustee Allegheny Health, Education and Research Foundation and Allegheny University Hospitals, East, Including its wholly owned operating division, Allegheny University Hospital-Hahnemann Division and Lexington Insurance Company c/o Caronia Corporation and Medical Professional Liability Catastrophe Fund and John Reed Director of the Medical Professional Liability Catastrophe Fund and Allegheny Health Services Providers Insurance Company, Ltd. and Continental Casualty Company and Steadfast Insurance Company, Respondents.

Commonwealth Court of Pennsylvania.

Decided October 21, 2002.

Attorney(s) appearing for the Case

Denise M. Brinker and Robert R. Reeder, Philadelphia, for petitioner.

Guy A. Donatelli, West Chester, for respondent Medical Professional Liability Cat. Loss Fund.

George F. Schoener, Philadelphia, for respondent, E. Roche.

H. Carter Redd, Richmond, VA, for respondent, Allegheny Univ. Hosp. Hahnemann Division.

Melvin R. Shuster, Philadelphia, for respondent, Steadfast Insurance Co.

Stephen P. Chawaga, Philadelphia, for respondent, Lexington Insurance Co.

Stephanie Tyler Schmelz, Washington, DC, for respondent, Continental Casualty Co.

Susan D. Colatsky, Philadelphia, for respondent, Allegheny Health Serv. Providers Insurance Co.

BEFORE: COLINS, President Judge, FRIEDMAN, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge FRIEDMAN.

St. Paul Fire and Marine Insurance Company (St.Paul) has filed a declaratory judgment action in this court's original jurisdiction against the following Respondents: (1) Edward Roche, Plenary Guardian of the Person and Estate of Diane Roche, an Incapacitated Person, and in His Own Right (Roche); (2) William J. Scharfenberger, Trustee Allegheny Health, Education and Research Foundation and Allegheny University Hospitals, East, Including Its...

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