McClellan v. Health Maintenace Organization

ORDER

The Court being evenly divided, the Order of the Superior Court is hereby affirmed.

NIX, Former C.J., did not participate in the consideration or decision of this case. FLAHERTY, C.J., concurs in the result. NEWMAN, J., files an opinion in support of affirmance. ZAPPALA, J., files an opinion in support of reversal in which CASTILLE, J., joins. NIGRO, J., files an opinion in support of reversal. Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION IN SUPPORT OF AFFIRMANCE

NEWMAN, Justice.

Appellant Health Maintenance Organization of Pennsylvania, a.k.a. HMO PA…