The Medical Protective Company v. Fletcher Bell

FAGG, Circuit Judge.

Fletcher Bell, commissioner of insurance for Kansas and administrator of Kansas’s Health Care Stabilization Fund (the Fund), appeals from an adverse ruling of the district court. The sole question before us on appeal is whether the Kansas Health Care Provider Insurance Availability Act (the Act) permits the Fund to contribute toward a malpractice settlement against Kansas physicians whose nonresident professional corporation carries liability insurance covering the settlement. The district court entered a declaratory order concluding the Act directs the Fund to make…