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YUSSEN, M.D. v. MEDICAL CARE AVAILABILITY

No. 13 MAP 2011

46 A.3d 685 (2012)

Phillip S. YUSSEN, M.D., Appellant v. MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR FUND, Appellee.

Supreme Court of Pennsylvania.

Decided May 30, 2012.

Attorney(s) appearing for the Case

Stephanie Lynn Hersperger , Paul Richard Walker , Thomas, Thomas & Hafer, L.L.P., Harrisburg, for Phillip S. Yussen.

Amy Griffith Daubert , Harrisburg, Tawny Kay Mummah , Medical Care Availability & Reduction of Error Fund, Cindy Elaine Sheaffer , Enola, for Medical Care Availability & Reduction of Error Fund.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice SAYLOR.

At issue in this direct appeal is a statutory prerequisite to the obligation of the Insurance Department to defend certain medical professional liability actions asserted against health care providers, and to the requirement for payment of claims asserted in such actions from the Medical Care Availability and Reduction of Error Fund. Specifically, resolution of the appeal turns on when, under the governing statute, a "claim...

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