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PA MED. SOC. LIABILITY INS. CO. v. CAT FUND

842 A.2d 379 (2004)

PENNSYLVANIA MEDICAL SOCIETY LIABILITY INS. CO., Appellee v. COMMONWEALTH of Pennsylvania, MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND, Appellant St. Mary Medical Center, Appellee v. Medical Professional Liability Catastrophe Loss Fund and John H. Reed, Director, Appellants.

Supreme Court of Pennsylvania.

Decided February 18, 2004.

Attorney(s) appearing for the Case

Guy Anthony Donatelli, West Chester, Kenneth J. Serafin, Harrisburg, Zella Smith Anderson, for appellants, PA Medical Professional Liability Catastrophe Loss Fund and Medical Care Availability and Reduction of Error Fund.

Larry L. Turner, Philadelphia, Patricia Daffodil Tyminski, for appellee, PA Medical Soc. Liability Ins. Co.

Jan Levine, Patricia A. McCausland, for appellee, St. Mary Medical Center.

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

OPINION

JUSTICE SAYLOR.

These consolidated appeals concern the scope of the former Medical Professional Liability Catastrophe Loss Fund's statutory obligation to defend and pay claims asserted against health care providers, in circumstances in which more than four years passed between the events giving rise to such claims and the commencement of legal proceedings to advance them.

Appellant, the Commonwealth of Pennsylvania, Insurance Department...

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