PHICO Insurance v. Philadelphia College of Osteopathic Medicine

TERESHKO, J.,

This matter was tried before the court sitting without a jury.

The complaint seeks relief under principles of contract and common-law indemnification.

The facts and background of this matter involves the sometimes arcane world of medical malpractice insurance through its various levels from primary insurer through to the Medical Catastrophic Loss Fund (CAT Fund).

The underlying medical negligence action dates back to a 1987 surgical procedure. In February of 1988 a com*573plaint was filed alleging medical negligence against instant defendant Philadelphia College of Osteopathic Medicine…