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GABROY v. COM.

886 A.2d 716 (2005)

Allen S. GABROY, M.D., Petitioner v. COMMONWEALTH of Pennsylvania, Medical Professional Liability Catastrophe Loss Fund and Pennsylvania Property and Casualty Insurance Guaranty Association, Respondents.

Commonwealth Court of Pennsylvania.

Decided November 15, 2005.

Attorney(s) appearing for the Case

James J. McCarthy, Conshohocken, for petitioner.

Zella Smith Anderson and Tawny K. Mummah, Harrisburg, for respondent, Medical Professional Liability Catastrophe Loss Fund.

Lise Luborsky, Philadelphia, for respondent, Pennsylvania Property and Casualty Insurance Guaranty Association.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, and SIMPSON, Judge.

OPINION BY President Judge COLINS.

Before this Court in its original jurisdiction is a motion for summary judgment filed on January 26, 2005, by Allen S. Gabroy, M.D. against the Commonwealth of Pennsylvania Medical Professional Liability Catastrophe Loss Fund (hereinafter "the Fund"),1 which in turn joined the Pennsylvania Property and Casualty Insurance Guaranty Association (hereinafter "the Guaranty Association")2...

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