Elliott-Reese v. Medical Professional Catastrophe Loss Fund

In Elliott-Reese v. Medical Professional Catastrophe Loss Fund, 805 A.2d 1253 (Pa. Cmwlth. 2002), aff'd, 574 Pa. 705, 833 A.2d 138 (2003), the plaintiff in an underlying medical malpractice suit filed a mandamus petition in this court against the CAT Fund, arguing that a statutory provision identical to section 714(h) required the CAT Fund to pay to the plaintiff an insolvent primary insurer's share of delay damages and post judgment interest. The Court decided that matter pursuant to the statute, holding that the CAT Fund is liable to the plaintiff only for the CAT Fund's proportionate share of delay damages and post judgment interest.