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WALSH v. MED. PROF. LIAB. CAT. LOSS FUND

838 A.2d 692 (2003)

Samuel WALSH, Assignee of Henrietta Kubiak, Executrix of the Estate of Richard Kubiak, M.D., Appellant v. MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND, Appellee.

Supreme Court of Pennsylvania.

Decided December 18, 2003.

Attorney(s) appearing for the Case

Keith S. Erbstein, David A. Yanoff, Philadelphia, for Samuel Walsh, Assignee of Henrietta Kubiak, Executrix of the Estate of Richard Kubiak, M.D., Appellant.

James C. Sargent, West Chester, for Medical Professional Liability Catastrophe Loss Fund, Appellee.

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

OPINION

Justice NIGRO.

The question presented in this appeal is whether the Commonwealth Court erred in granting summary judgment in favor of the Medical Professional Liability Catastrophe Loss Fund (the "CAT Fund" or "Fund"), thereby (1) relieving the CAT Fund of liability for delay damages above and beyond its $1,000,000 statutory cap on liability, (2) permitting the CAT Fund to take a credit against its liability for security posted by the primary...

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