Legal Opinion · Dissent

Stenton Hall Nursing & Rehabilitation Center v. Medical Professional Liability Catastrophe Loss Fund

Commonwealth Court of Pennsylvania

Decided June 27, 2003Published

1Dissent

DISSENTING OPINION BY

Judge FRIEDMAN.

The majority concludes that the Medical Professional Liability Catastrophe Loss Fund (Fund) properly denied Stenton Hall Nursing & Rehabilitation Center’s (Sten-ton Hall) request for coverage under the Health Care Services Malpractice Act (Act)1 on the ground that the “alleged wrongdoing in [Jeff C. Brown] Plaintiff Brown’s civil action did not involve the furnishing of medical services as contemplated by the Act’s definition of professional liability insurance.” (Majority op. at 12-13, emphasis in original.) Further, the majority approved the Fund’s…

2Cases cited6 opinions

  1. Roe v. Federal InsuranceMassachusetts Supreme Judicial Court · 1992
  2. Physicians Insurance v. PistoneSupreme Court of Pennsylvania · 1999
  3. Connolly v. COM., CAT FUNDSupreme Court of Pennsylvania · 1999
  4. Herr v. St. Francis Hospital, Pennsylvania Court of Common Pleas, Lawrence County1978
  5. Geisinger Medical Center v. FisherCommonwealth Court of Pennsylvania · 1980

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