Elliott-Reese v. Medical Professional Liability Catastrophe Loss Fund

This is a direct appeal in which multiple issues are presented concerning the workings of the statutory schemes regulating the implementation of insurance coverage for medical malpractice liability established by a final verdict, and ameliorating financial loss to claimants or policyholders by virtue of insurer insolvency. Although the Court affirms on a per curiam basis, it is significant to me that the Commonwealth Court framed, but did not address, one significant question raised by Appellant, namely, whether the established vicarious liability of a separately insured corporate employer of the defendant physicians may serve to increase the maximum obligation of the Pennsylvania Property and Casualty Insurance Guaranty Association ("PPCIGA"), arising out of the insolvency of the insurer of both the corporation and the physicians.