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FETTERS v. PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION

804 A.2d 126 (2002)

Joan FETTERS and Albert Fetters, h/w, Petitioners, v. PENNSYLVANIA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, Pennsylvania Medical Professional Catastrophe Fund, EBI Companies, Inc., and Dennis DeVita, M.D., Respondents.

Commonwealth Court of Pennsylvania.

Decided July 26, 2002.

Publication Ordered August 21, 2002.

Attorney(s) appearing for the Case

Stephen R. Kurens, Lansdale, for petitioners.

Brian L. Calistri, Philadelphia, for respondent, EBI Companies, Inc.

Lise Luborsky, Philadelphia, for respondent, PA Casualty Insurance Guaranty Assoc.

Daniel L. Grill, Lancaster, for respondent, D. Devita.

OPINION BY Judge LEADBETTER.

Before this court for resolution are cross motions for summary judgment; one motion is filed by Joan and Albert Fetters and EBI Companies, Inc. (collectively, the Fetters),1 and the other is filed by the Pennsylvania Property and Casualty Insurance Guaranty Association (Guaranty Association). Both motions have been filed in the context of the Fetters' declaratory judgment action, which seeks a declaration regarding...

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