PAPPAS v. ASBEL


450 Pa.Super. 162 (1996)

675 A.2d 711

Basile PAPPAS and Theodora Pappas, H/W v. David S. ASBEL, D.O. and Pennsylvania Hospital Insurance Co. (PHICO). The COMMONWEALTH OF PENNSYLVANIA MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND (CAT FUND) v. UNITED STATES HEALTHCARE SYSTEMS OF PENNSYLVANIA, INC. Appeal of PHICO INSURANCE COMPANY and The Pennsylvania Medical Professional Liability Catastrophe Loss Fund.

Superior Court of Pennsylvania.

Filed March 15, 1996.

Reargument Denied May 23, 1996.


Attorney(s) appearing for the Case

Stephen A. Ryan, Bala Cynwyd, for appellant.

Sheila A. Haren, Philadelphia, for Asbel, appellee.

Before KELLY and HOFFMAN, JJ. and MONTEMURO, Senior Judge.


MONTEMURO, Senior Judge:

This appeal lies from an order granting summary judgment to appellee, United States Healthcare, Inc. (USHC), on the basis that the third party complaint of appellant Haverford Community Hospital is preempted by Section 1144(a) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq.

On May 20, 1990, Basile Pappas, a subscriber to USHC, an HMO provided through his wife's employment, presented...

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