Fletcher v. Pennsylvania Property & Casualty Insurance Guaranty

OPINION BY

Judge LEAVITT.

Johanna Fletcher, administratrix of the estate of Timothy Fletcher (Decedent), seeks payment from the Medical Care Availability and Reduction of Error Fund (MCARE) on a medical malpractice verdict entered in favor of Decedent.1 Fletcher has filed a declaratory judgment action in this Court’s original jurisdiction to have the MCARE Fund held liable for the excess portion of that verdict of $7,727,808.20. Concluding that the MCARE Fund has liability to provide excess coverage on behalf of the physicians who committed the malpractice to the extent the malpractice…