CARROZZA v. GREENBAUM


916 A.2d 553 (2007)

Lynda CARROZZA v. Roy GREENBAUM, M.D., Radiology Affiliates of Central New Jersey, P.A., St. Agnes Medical Center, Kathryn A. Evers and Hahnemann University Hospitals, East, Allegheny University of the Health Sciences D/B/A Allegheny University Imaging Services, Hahnemann University Hospital, MIIX Insurance Company and Pennsylvania Property and Casualty Insurance Guaranty Association, Appeal of Pennsylvania Property and Casualty Insurance Guaranty Association. Lynda Carrozza v. Roy Greenbaum, M.D., St. Agnes Medical Center, Kathryn A. Evers, M.D., Hahnemann University Imaging Services, and Radiology Affiliates of Central New Jersey, P.A., and MIIX Insurance Company, and Pennsylvania Property and Casualty Insurance Guaranty Association, Appeal of Pennsylvania Property and Casualty Insurance Guaranty Association. Lynda Carrozza v. Roy Greenbaum, M.D., Radiology Affiliates of Central New Jersey, P.A., St. Agnes Medical Center, Kathryn A. Evers, M.D., Allegheny University Hospitals East, Allegheny University of the Health Sciences D/B/A Allegheny University Imaging Services and Hahnemann University Hospital, MIIX Insurance Company, Pennsylvania Property and Casualty Insurance Guaranty Association Appeal of Pennsylvania Property and Casualty Insurance Guaranty Association. Lynda Carrozza v. Roy Greenbaum, M.D., Radiology Affiliates of Central New Jersey, P.A., St. Agnes Medical Center, Kathryn A. Evers, M.D., Allegheny University of the Health Sciences D/B/A Allegheny University Imaging Services, Hahnemann University Hospital, MIIX Insurance Company and Pennsylvania Property and Casualty Insurance Guaranty Association Appeal of Pennsylvania Property and Casualty Insurance Guaranty Association.

Supreme Court of Pennsylvania.

Decided February 20, 2007.


Attorney(s) appearing for the Case

Gregory Buchwald Heller, Esq., Young Ricchiuti Caldwell & Heller, L.L.C., Philadelphia, for Pennsylvania Trial Lawyer's Association.

Cindy Elaine Sheaffer, Esq., PA Department of Insurance, Enola, for amicus curiae Medical Care Availability and Reduction Error Fund successor to MPLCLF.

Joseph M. Hankins, Esq., Lise Luborsky, Esq., Britt, Hankins & Moughan, Philadelphia, for Pennsylvania Property and Casualty Insurance Guaranty Association.

Sara Anderson, Frey, Esq., Cozen O'Connor, Philadelphia, for MIIX Insurance Company.

Randy A. Mariano, Esq., Harvey, Pennington, Ltd., Allegheny University Hospitals East, et al.

Ronald L. Wolf, Esq., Weinstein, Schleifer & Kupersmith, P.C., Philadelphia, for Lynda Carrozza.

Deborah Susan Baird, Esq., Ann Cairns, Esq., Peter J. Hoffman, Esq., McKissock & Hoffman, P.C., Philadelphia, for St. Agnes Medical Center.

F. James Gallo, Esq., Harvey, Pennington, Cabot, Griffith & Renneisen, Ltd., Philadelphia, for Roy Greenbaum, M.D., Radiology Affiliates of Central New Jersey, P.A.

Paul E. Peel, Esq., O'Brien & Ryan, L.L.P., Meeting, for Kathryn Evers and Hahnemann University Hospital, et al.

J. Scott Kramer, Esq., Helena I. Poch Ciechanowski, Esq., Duane Morris, L.L.P., Philadelphia, for amicus curiae Hospital and Healthsystem Association of PA.

BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER and BALDWIN, JJ.


OPINION

Justice BAER.

We granted allowance of appeal to consider a question of first impression arising under the Pennsylvania Property and Casualty Insurance Guaranty Association Act (Act), Act of Dec. 12, 1994, P.L. 1005, No. 137 § 1, as amended, 40 P.S. §§ 991.1801-991.1820, which was enacted in furtherance of the following purposes:

(1) To provide a means for the payment of covered claims under certain property and...

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