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Verdicts

By ALM Staff | Law Journal Newsletters |
June 28, 2011

PA's Excess Liability Fund Must Pay

Pennsylvania's Supreme Court has ruled that the state's excess medical malpractice liability fund must cover the shortfall where the primary insurer for two doctors found jointly and severally liable became insolvent, the insurer taking over its obligations was required to pay only half of the damages assessed against one of the doctors, and the liabilities arose under a previous PA excess liability scheme that would have required such payment. Heim v. Medical Care Availability and Reduction of Error (MCARE) Fund, No. 5 MAP 2010, Supreme Court of Pennsylvania, 2011 Pa. LEXIS 946, Dec. 1, 2010, Argued, April 28, 2011, Decided.

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