Johanna FLETCHER, Administratrix of the Estate of Timothy Fletcher,
v.
PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION and Commonwealth of Pennsylvania, Medical Care Availability and Reduction of Error Fund
Appeal of the Commonwealth of Pennsylvania, Medical Care Availability and Reduction of Error Fund
Supreme Court of Pennsylvania.https://leagle.com/images/logo.png
Argued December 4, 2008.
Decided December 15, 2009.
Attorney(s) appearing for the Case
Zella Smith Anderson, Medical Care Availability & Reduction of Error Fund, Tawny Kay Mummah, Arthur F. McNulty, Harrisburg, for Commonwealth of Pennsylvania, Medical Care Availability & Reduction of Error Fund.
Lise Luborsky, Britt, Hankins & Moughan, Philadelphia, for Pennsylvania Property & Casualty Insurance Guaranty Association.
Daniel L. Thistle, Thomas M. Thistle, III, Thistle Law Firm, Philadelphia, for Johanna Fletcher Administratrix of the Estate of Timothy Fletcher.
David C. Harrison, Philadelphia, for Pennsylvania Association for Justice, amicus curiae.
This appeal implicates the excess malpractice insurance scheme embodied in the Medical Care Availability and Reduction of Error Act (MCARE Act).1 A successful medical malpractice plaintiff, Johanna Fletcher (Fletcher), brought a declaratory judgment action in the original jurisdiction of the Commonwealth Court to resolve coverage issues relating to the Medical Care Availability and Reduction of Error...
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