Yussen v. Medical Care Availability & Reduction of Error Fund

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” is “made” outside a specified four-year time period.

Appellee, the Commonwealth of Pennsylvania, Medical Care Availability and Reduction of Error…