Coverage disputes involving the MCARE Fund fall under the original jurisdiction of the Commonwealth Court and shouldn’t be addressed by Pennsylvania Insurance Department administrative proceedings, a three-judge panel of the intermediate appellate court has ruled in a 2-1 decision.
Because the 2002 Medical Care Availability and Reduction of Error (MCARE) Act left the present fund virtually identical to its predecessor, the Catastrophe Loss (CAT) Fund, a procedure previously deemed inappropriate for coverage issues involving the CAT Fund should not now be applied in the context of the MCARE Fund, the majority in Fletcher v. Pennsylvania Property & Casualty Insurance Guaranty Association PICS Case No. 07-0016 (Pa. Commw. Jan. 2007) Simpson, J.; Kelley, S.J., dissenting (18 pages), argued.
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