Baxter v. Vick

EGAN, District Judge.

This is a malpractice suit by a minor’s guardian against two physicians and the Lankenau Hospital. Jurisdiction is by diversity of citizenship. In its answer defendant hospital raised the charitable immunity defense, which is a valid defense under Pennsylvania law.1 Plaintiff then served upon the hospital one interrogatory, as follows:

“1. Does the liability insurance policy carried by the Lankenau Hospital contain a provision that in any law suit wherein the hospital is a defendant, the defense of its immunity as a charitable institution shall not be pleaded without its…