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Panea v. Isdaner

In cases where insurers became insolvent prior to making payment of agreed settlement amounts, the Pennsylvania Property and Casualty Insurance Guaranty Association, which stepped in as successor to the insolvent insurers, was allowed to offset the amounts received by plaintiffs from other insurers, and the offsets precluded personal liability of the insureds for payment of the offset amounts.

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J. E02003/00, E02004/00 and E02005/00

�1 The instant appeals present common questions concerning the proper application of � 991.1817(a), the non-duplication of recovery provision of the Pennsylvania Property and Casualty Insurance Guaranty Association Act (the Act). 40 P.S. �� 991.1801-1820. *fn1 In the first two cases the parties reached a settlement prior to trial, and the defendants’ insurer was subsequently ordered into liquidation before the settlement funds were disbursed. In the third case the defendants’ insurer was ordered into liquidation and following a jury verdict in favor of the plaintiff an offset was granted on motions for post-trial relief. The relevant facts of each case shall be set forth briefly.

PANEA v. ISDANER, M.D., No. 3677 Philadelphia, 1998

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