The Commonwealth Court, sitting en banc, has ruled that the state-run fund that provides excess coverage for medical malpractice claims might need to provide coverage in a case in which an allegedly negligent doctor’s primary malpractice insurance policy converted from a claims-made policy to an occurrence-type policy.
The Medical Care Availability and Reduction of Error Fund (MCARE) argued that it should not have to provide $1.2 million in excess coverage toward a $7.72 million plaintiff’s verdict, Judge Mary Hannah Leavitt wrote Friday for the panel, which included President Judge Bonnie Brigance Leadbetter and Judges Bernard L. McGinley, Renée Cohn Jubelirer, P. Kevin Brobson, Patricia A. McCullough and Johnny J. Butler.
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