The state Supreme Court has decided that the four-year period after which the Pennsylvania Insurance Department is required to fund medical malpractice defenses under the MCARE Act may not be triggered by the mere filing of a praecipe of a writ of summons.
A 4-2 high court differed as to what constituted a “claim” under Section 715 of the act, with the majority of the justices holding that the party being sued must at least have knowledge of the legal action for a claim to effectuate the statute. With two justices dissenting, the ruling overturns the Commonwealth Court’s decision to block Dr. Phillip S. Yussen from invoking Section 715 status, which would afford him defense and liability costs for a 2007 lawsuit filed against him and other medical providers.
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