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FLETCHER v. PROPERTY & CAS. INS.

914 A.2d 477 (2007)

Johanna FLETCHER, Administratrix of the Estate of Timothy Fletcher, Petitioner v. PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION and Commonwealth of Pennsylvania, Medical Care Availability and Reduction of Error Fund, Respondents.

Commonwealth Court of Pennsylvania.

Decided January 4, 2007.

Reargument Denied February 2, 2007.

Attorney(s) appearing for the Case

Daniel L. Thistle and Thomas M. Thistle, Philadelphia, for petitioner.

Tawny K. Mummah, Harrisburg, for respondent, Medical Care Availability and Reduction of Error Fund.

BEFORE: SIMPSON, Judge, LEAVITT, Judge, and KELLEY, Senior Judge.

Reargument Denied En Banc February 2, 2007.

OPINION BY Judge SIMPSON.

This original jurisdiction case involves complicated insurance coverage issues for a large medical malpractice judgment, and it requires interpretation of Pennsylvania's recent excess malpractice insurance scheme embodied in the Medical Care Availability and Reduction of Error Act (MCARE Act).1 The successful plaintiff in

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