Legal Opinion

Gingerlowski Ex Rel. Phillips v. Commonwealth, Insurance Department

Commonwealth Court of Pennsylvania

Decided December 3, 2008No. 566 M.D. 2006PublishedCited by 3 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

In this Court’s original jurisdiction, Patricia Gingerlowski, as parent and natural guardian of Felicia Phillips (Patient), and Patient, on her own behalf, (collectively, Petitioners), filed a complaint for declaratory judgment against the Pennsylvania Insurance Department, Medical Care Availability and Reduction of Error Fund (MCARE Fund), as successor in interest to the Medical Professional Liability Catastrophe Loss Fund (CAT Fund), (collectively, the Fund) and Raoufe Hanna, M.D. (Provider). Petitioners seek a declaration that the Fund is required by Section 605 of…

2Cases cited5 opinions

  1. Swords v. Harleysville Insurance CompaniesSupreme Court of Pennsylvania · 2005
  2. Fletcher v. Pennsylvania Property & Casualty Insurance Guaranty Ass'nCommonwealth Court of Pennsylvania · 2007
  3. Dellenbaugh v. COM. CAT FUNDSupreme Court of Pennsylvania · 2000
  4. Dellenbaugh v. Commonwealth Medical Professional Liability Catastrophe Loss FundSupreme Court of Pennsylvania · 2000
  5. Paternaster v. LeeSupreme Court of Pennsylvania · 2004

3Cited by3 opinions

  1. Fletcher v. Pennsylvania Property & Casualty Insurance GuarantyCommonwealth Court of Pennsylvania · 2011
  2. G.P. Desjardins, Jr., M.D. v. M.F. Consedine v. Team Health, Inc.Commonwealth Court of Pennsylvania · 2020
  3. M. Pizzuti v. PA Ins. Dept.Commonwealth Court of Pennsylvania · 2022

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