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AMERICAN CAS. CO. v. PHICO INS. CO.

537 Pa. 295 (1994)

643 A.2d 91

AMERICAN CASUALTY COMPANY OF READING, PA, Appellant, v. PHICO INSURANCE COMPANY and Commonwealth of Pennsylvania Medical Professional Liability Catastrophe Loss Fund, Joseph Pulcini, Jr., Director and Sharon Dirienzo and David Richard and Suzanne Richard, h/w as Parents and Natural Guardians of Christopher Richard and David Richard and Suzanne Richard, in their own right, Appellees.

Supreme Court of Pennsylvania.

Decided June 16, 1994.

Rearguments and Clarification Denied August 5, 1994.

Attorney(s) appearing for the Case

James M. Marsh, Phillip J. Meyer, K. Charles Gudenas, Philadelphia, for American Cas. Co. of Reading, PA.

David E. Sandel, Jr., Philadelphia, for Phico Ins. Co. and S. Dirienzo.

Peter J. Hoffman, Philadelphia, for Medical Professional Liability Catastrophe Loss Fund.

Mark Kardos, Philadelphia, for David and Suzanne Richard.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

This appeal as of right arises from a declaratory judgment action filed by Appellant, American Casualty Company of Reading, PA (American Casualty) against PHICO Insurance Company (PHICO) and the Commonwealth of Pennsylvania Medical Professional Liability Catastrophe Loss Fund (the CAT Fund); Sharon DiRienzo, and David and Suzanne Richard, as parents and natural guardians of Christopher Richard, and in their...

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