Bender v. Pennsylvania Insurance Department

In Bender v. Pennsylvania Insurance Department, 893 A.2d 161, 162 (Pa. Cmwlth. 2006), the Insurance Department and another party made a similar public policy argument based on "a parade of horribles," such as insurance rate increases, that would result if we failed to accept their respective positions. The Court rejected the argument, stating: "Despite the parties' public policy concerns, the Court's decision is based squarely on well-established principles of statutory interpretation. ... The Court may not rewrite a statute because we think it unwise from a public policy perspective." Id. at 163-64. We note that Section 715(d) of the MCARE Act requires all medical liability insurance policies issued on or after January 1, 2006 to provide defense and indemnity of extended claims for a breach of contract or tort that occurs after December 31, 2005. Contrary to the MCARE Fund's assertion, therefore, the conclusion we have reached today would not result in "endless" coverage of extended claims by the MCARE Fund.