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PHYSICIANS INS. CO. v. CALLAHAN

167 Pa.Commw. 485 (1994)

648 A.2d 608

PHYSICIANS INSURANCE COMPANY, Petitioner, v. Thomas P. CALLAHAN, as Director of the Medical Professional Liability Catastrophe Loss Fund and The Medical Professional Liability Catastrophe Loss Fund, Respondents.

Commonwealth Court of Pennsylvania.

Decided September 16, 1994.

Publication Ordered September 29, 1994.

Attorney(s) appearing for the Case

Lawrence G. McMichael, for petitioner.

M. Kelly Tillery and Thomas P. Callahan, for respondents.

RODGERS, Senior Judge.

Physicians Insurance Company (Company) has filed its petition for review in the nature of a complaint in equity and declaratory judgment. On December 6, 1993, the Medical Professional Liability Catastrophe Loss Fund (the CAT Fund or Fund) and its director, Thomas P. Callahan, respondents, published Bulletin 64, requiring all primary coverage medical malpractice insurers, including the petitioner, (1) to make prompt tender at least forty-five...

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