In Gabroy v. Medical Professional Liability Catastrophe Loss Fund, 886 A.2d 716 (Pa. Cmwlth. 2005), aff'd, 590 Pa. 277, 912 A.2d 768 (2006), the defendant in an underlying medical malpractice suit filed an indemnity action against the CAT Fund, alleging that the CAT Fund was liable to him for the entire amount of delay damages and post judgment interest because: (1) the basic coverage insurer was insolvent; (2) the amount due was within the CAT Fund's unexhausted liability limit. The Court held that the CAT Fund was the statutory excess carrier and, thus, was not required to "drop down" to pay amounts that should have been paid by the insolvent basic coverage insurer. Id.