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BENDER v. PENNSYLVANIA INS. DEP.

893 A.2d 161 (2006)

Renee BENDER, D.O. and Scott Epstein, D.O., Petitioners v. PENNSYLVANIA INSURANCE DEPARTMENT, Medical Care Available and Reduction of Error Fund, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 15, 2006.

Attorney(s) appearing for the Case

Christopher A. Lewis, Philadelphia, for petitioners.

Zella Smith Anderson, Dept. Counsel, Harrisburg, for respondent.

BEFORE: COLINS, President Judge, and LEADBETTER, Judge, and McCLOSKEY, Senior Judge.

OPINION BY President Judge COLINS.

This case involves a petition for review from an order of the Insurance Department (Department) denying first dollar indemnity and cost of defense to Drs. Renee Bender, D.O. and Scott Epstein, D.O. (Doctors) under the Medical Care Availability and Reduction of Error (MCARE) Act, 40 P.S. § 1303.101 et seq.1 The Insurance Commissioner affirmed and we would affirm the Insurance Commissioner....

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