MERCADO-BONETA v. ADMIN. DEL FONDO DE COMPENSACION

No. 97-1354.

125 F.3d 9 (1997)

Manuel MERCADO-BONETA, et al. Plaintiffs, Coappellants, DR. Elliot M. Fernandez Codefendant, Coappellant v. ADMINISTRACION DEL FONDO DE COMPENSACION AL PACIENTE Through the INSURANCE COMMISSIONER OF PUERTO RICO, Codefendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 10, 1997.


Attorney(s) appearing for the Case

Alberto J. Perez-Hernandez, Guaynabo, PR, with whom Rafael E. Garcia-Rodon, Hato Rey, PR, was on brief, for appellants.

Juan A. Moldes-Rodriguez, Counsel for Administracion del Fondo de Compensacion al Paciente (Patient's Compensation Fund Administration), for appellee.

Before LYNCH, Circuit Judge, and HILL and GIBSON, Senior Circuit Judges.


LYNCH, Circuit Judge.

This case raises questions under the Contract Clause of the United States Constitution concerning a government's power to regulate insurance companies facing insolvency by barring claims asserted after a particular date by insureds. If that power is upheld, then Dr. Fernandez is essentially uninsured on the malpractice claim and it may be that the malpractice plaintiffs will recover nothing regardless of the merits of their claim.

Manuel...

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