Finkbiner v. Medical Professional Liability Catastrophe Loss Fund

Opinion by

Judge Craig,

N. Adele and J. Harry Finkbiner filed a complaint, in this courts original jurisdiction, to recover money from the Medical Professional Liability Catastrophe Loss Fund, (CAT Fund) its director, Thomas J. Judges, and a claims examiner, Harry J. Keogh.

The issue, raised by the Commonwealths demurrer, is whether the CAT Fund can be liable for a bad faith refusal to settle, like a private insurer. This court will sustain the demurrer.

In considering preliminary objections, in the nature of a demurrer, this court must accept as true all well pleaded averments in the Finkbiners’…