Bell v. Slezak
Bell v. Slezak
Opinion of the Court
OPINION
This appeal presents multiple, foundational questions concerning the application of provisions of the Pennsylvania Property and Casualty Insurance Guaranty Association Act in a setting involving the insolvency of a former medical malpractice insurance carrier.
In late 1992, Appellants, Shirley L. and Thomas P. Bell, commenced a civil action asserting claims against Appellees, Joseph A. Slezak, M.D. and his professional corporation (collectively, “Dr. Slezak”), and others. The central averments of the complaint alleged medical malpractice on the part of Appellees during the course of Mrs. Bell’s treatment for abdominal conditions. In settlement negotiations supervised by the common pleas court, the parties consummated an agreement pursuant to which the Bells would receive $500,000 in exchange for a joint tortfeasor release. Of this amount, $200,000 represented the limits of a policy of malpractice insurance which Dr. Slezak maintained with PIC Insurance Group (“PIC”), and $300,000 was to be the responsibility of the Pennsylvania Medical Professional Liability Catastrophe
As a result of the insolvency, PIC failed to tender its portion of the settlement proceeds. Although PPCIGA’s statutory obligations include payment of certain covered claims arising out of the insolvency of property and casualty insurers, see 40 P.S. § 991.1803(b)(1), it, too, refused to provide the $200,000; it claimed that under the non-duplication of recovery provision of the PPCIGA Act, 40 P.S. § 991.1817(a), which prescribes that “[a]ny amount payable on a covered claim under this act shall be reduced by the amount of any recovery under other insurance,”
The Bells filed a petition to enforce the settlement, seeking the $200,000 payment and contending that Dr. Slezak was responsible in the event that PPCIGA did not contribute the funds. Dr. Slezak opposed the petition, emphasizing PIC’s contemplated role in terms of funding the settlement, which he contended was assumed by PPCIGA per its enabling statute. He contended that PPCIGA’s entitlement to invoke the non-duplication of recovery provision in the present circumstances was an open issue pending before the Commonwealth Court, and that enforcement of the settlement agreement against him would be inequitable since, inter alia, he had tendered all required premiums to PIC and the CAT Fund and was an “innocent victim” of the circumstances resulting in PIC’s liquidation.
In granting relief on the Bells’ petition, the common pleas court noted, preliminarily, that PIC was neither a named party to the Bells’ civil action nor referenced in the correspondence reflecting the parties’ settlement. The court then applied conventional contract principles to conclude that the agreement was a valid one and remained fully enforceable after PIC’s insolvency. Thus, although acknowledging the parties’ awareness of PIC’s involvement as Dr. Slezak’s insurer, the common pleas court simply did not deem this awareness to be material to its disposition of the petition, particularly where the parties had not memorialized an intention that Dr. Slezak should be relieved of his obligation to present the settlement funds in the event that his insurer became insolvent. In effectively weighing the circumstances of the case in view of the express policy of the PPCIGA statute, the court explained as follows:
*338 The defense ... argues that the statute’s purpose of avoiding financial loss to the policyholder as a result of the insolvency of an insurer would be frustrated if the statutory provisions did not apply to the settlement agreement. However, in a situation where either an innocent claimant or an innocent policyholder stands to suffer a financial loss as a result of the insolvency of an insurer, it is the policyholder that should bear the loss. The plaintiff had no relationship with the now insolvent insurer and had no reason in the preparation of the settlement agreement, to attempt to protect themselves from the insolvency of the insurer. The result referred to must occur in order to protect at least one member of the protected class (claimants and policyholders) from suffering any financial loss. In this way the public policy expressed in the statute of attempting to protect claimants from financial loss as a result of the insolvency of an insurer will be carried out.
Trial court opinion at 12-13. Additionally, since the Bells were non-parties with respect to the contractual relationship between Dr. Slezak and PIC, the common pleas court expressed doubt as to whether the Bells were “claimants” for purposes of PPCIGA, such that the non-duplication of recovery provision was even implicated by virtue of their health insurance recovery. See 40 P.S. § 991.1817(a).
On Dr. Slezak’s appeal, an en banc Superior Court considered the matter in conjunction with two other cases involving overlapping issues, Panea v. Isdaner, No. 3677 Phila. 1998, and Baker v. Myers, No. 642 E.D. 1999, and reversed. See Panea v. Isdaner, 773 A.2d 782 (Pa.Super. 2001). Rejecting the common pleas court’s (and the Bells’) reliance on ordinary contract principles as controlling, the majority indicated that such approach “ignore[s] the economic realities of litigation and the interplay of insurance coverage in the settlement process.” See id. at 789. In this regard, the majority focused on the position of defendant-physicians vis-a-vis the insolvent malpractice insurance carrier, explaining:
No one disputes the fact that the settlement agreements established the defendants’ liability; however, to the extent*339 the defendants’ liability is covered by insurance the insurer is ultimately obligated to pay. It cannot logically be denied that all the parties anticipated that insurance would cover payment of the settlement amounts. The defendants all paid premiums for their malpractice insurance and expected to have coverage in the event of a claim. Thus, the defendant doctors are also victims of the insurers’ insolvency. In recognition of the harm occasioned by insurance companies becoming insolvent the legislature saw fit to fashion a remedy by enacting this [PPCIGA] Act.
Panea, 773 A.2d at 789. In assessing the available remedy, the Superior Court majority accepted that, although they were not parties in relation to Dr. Slezak’s insurance contract with PIC, the Bells nevertheless maintained a “covered claim” for purposes of the non-duplication of recovery provision. See id. at 789-90. Further, the majority adopted Dr. Slezak’s characterization of himself as a victim of PIC’s insolvency and therefore believed that, as a policy matter, he should benefit from the protective umbrella of the non-duplication of recovery provision, along with PPCIGA. See id. at 789 (indicating that “defendants are merely asserting a statutory right to either limit or extinguish their obligations to pay on the claims”). The majority thus referred to the Bells’ right to payment under the settlement agreement as “nothing more than a claim against an insolvent insurer by virtue of having a claim against a tortfeasor who was insured by that insurer.” Id. Furthermore, in these regards, the majority opined that the PPCIGA Act provides a clear and adequate remedy for a loss due to the insolvency of a property and casualty insurer, noting that statutory remedies are favored over common law ones. See id. at 789 (citing 1 Pa.C.S. § 1504). The Superior Court majority noted that the changed circumstances necessitating PPCIGA’s involvement might provide a basis for rescinding the settlement, but emphasized that the parties had not chosen to pursue such course. See id. at 789 n. 3.
In this appeal, the parties set forth the same arguments that were made before the Superior Court. Thus, we must determine the General Assembly’s intent in promulgating the
As the Superior Court has explained, PPCIGA is a statutory unincorporated association vested with remedial obligations in circumstances in which licensed property and casualty insurers are deemed insolvent. See 40 P.S. §§ 991.1801 (describing PPCIGA’s purposes as including “[provision of] a means for the payment of covered claims under certain property and casualty insurance policies, [avoidance of] excessive delay in the payment of such claims and [avoidance of] financial loss to claimants or policyholders as a result of the insolvency of an insurer”), id. at 991.1803. See generally Sands v. PIGA 283 Pa.Super. 217, 221, 423 A.2d 1224, 1226 (1980) (discussing the PPCIGA Act’s predecessor statute). PPCIGA obtains funding to satisfy claims obligations of insolvent insurers by collecting monies from all insurance companies that write property and casualty insurance in the Commonwealth. See 40 P.S. § 991.1803(b)(3), 991.1808. Under the circumstances arising from PIC’s insolvency, PPCIGA would ordinarily assume payment of an insolvent insurer’s obligations arising from claims made under the insurance policies of its insureds, see 40 P.S. § 991.1803(b)(1), subject to limitations embodied in the PPCIGA Act. See, e.g., 40 P.S. § 991.1803(b)(1)(B) (establishing a $300,000 “per claimant” cap on PPCIGA’s obligation to pay a covered claim). Under the Act, PPCIGA is also “deemed the insurer to the extent of the obligation on the covered claims and to such extent shall have all rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent.” See 40 P.S. § 991.1803(b)(2). See generally Donegal Mut. Ins. Co. v. Long, 528 Pa. 295, 300-01, 597 A.2d 1124, 1127 (1991); Matusz v. Safeguard Mut. Ins. Co., 340 Pa.Super. 116, 118-19, 489 A.2d 868, 870 (1985). Accordingly, PPCIGA assumes certain legal defense obligations in connection with claims against insureds of insolvent insurers. See 40 P.S. § 991.1803(b)(1).
an unpaid claim, including one for unearned premiums, submitted by a claimant, which arises out of and is within the coverage and is subject to the applicable limits of an insurance policy to which this article applies issued by an insurer if such insurer becomes an insolvent insurer after the effective date of this article....
40 P.S. § 991.1802(1).
The Pennsylvania statute not only mirrors New Hampshire’s in its proximate, disjunctive references to policyholders and claimants, 40 P.S. § 991.1801(1) (“claimants or policyholders”), 991.1802 (“claimant or insured”), 991.1816 (“insured or
Having determined that both first-party and third-party claimants may possess “covered claims” for purposes of the Act, we next consider the nature of PPCIGA’s obligations in relation to the Bells’ claim since it is their claim for funding of the settlement that is at issue here.
In this regard, initially, we note our agreement with the Superior Court that the Bells are not entitled to direct funding of the settlement from Dr. Slezak and that to so conclude “ignore[s] the economic realities of litigation and the interplay of insurance coverage in the settlement process.” Panea v. Isdaner, 773 A.2d at 789. Additionally, as set forth earlier, the court aptly noted that “it cannot logically be denied that
One of the specific purposes of the PPCIGA Act is to “provide a means for the payment of covered claims under certain property and casualty insurance policies....” 40 P.S. § 991.1801(1) (emphasis added). Additionally, one of the enumerated powers and duties of PPCIGA is “[t]o be obligated to pay covered claims existing prior [to] the determination of insolvency....” 40 P.S. § 991-1803(b)(l). Thus, once a party is found to possess a covered claim for purposes of the Act, such as the Bells, it is then the obligation and duty of PPCIGA to pay such claim unless the PPCIGA Act provides a basis for the Association not being obligated on such claim. Here, it is the non-duplication of recovery provision that PPCIGA claims provides such a basis.
We recognize that PPCIGA possesses all rights of the insolvent insurer as if that insurer had not become insolvent. 40 P.S. § 991.1803(b)(2). Moreover, we are aware that in Pennsylvania, a third party to an insurance contract possessing a claim against the insured has no general right of action against the insurer. Folmar v. Shaffer, 232 Pa.Super. 22, 24, 332 A.2d 821, 823 (1974) (“The law is settled that ‘in the absence of a statute or a policy provision on which such right may be predicated, a person may not maintain a suit directly against the insurer to recover on a judgment rendered against the insured.’ ” (citations omitted)). Therefore, in ordinary circumstances, absent a statutory basis, an insurer would have no obligation to pay third-party claims as such. As noted, however, the PPCIGA Act specifically provides the statutory basis for third-party beneficiary claims such as the Bells as the Act specifically contemplates third-party beneficiaries as claimants thereunder.
(a) Any person having a claim under an insurance policy shall be required to exhaust first his right under such policy. For purposes of this section, a claim under an insurance policy shall include a claim under any kind of insurance, whether it is a first-party or third-party claim, and shall include, without limitation, accident and health insurance, workers’ compensation, Blue Cross and Blue Shield and all other coverages except for policies of an insolvent insurer. Any amount payable on a covered claim under this act shall be reduced by the amount of any recovery under other insurance.
40 P.S. § 991.1817(a).
Pursuant to this provision, PPCIGA is entitled to offset its obligation to pay the Bells’ covered claim by “the amount of any recovery under other insurance,” which the Bells received. Here, the Bells received payments in excess of $200,000 by their medical health insurer, Capital Blue Cross and Blue Shield. Thus, as the Bells received an amount greater than the limits of Dr. Slezak’s insurance policy with PIC Insurance Group, which was $200,000, PPCIGA’s obligation for payment on the Bells’ covered claim was extinguished.
This result is consistent with the stated purpose of the Act, which is to avoid financial loss to claimants and policyholders as a result of the insolvency of an insurer. 40 P.S. § 991.1801(1). Moreover, as observed by the Superior Court, “if any loss can be said to have occurred, it is the solvent insurers who paid plaintiffs’ claims under the other source of insurance, which the Act requires to be exhausted first.” Panea v. Isdaner, 773 A.2d at 791. As the court correctly points out
*347 The Act clearly attempts to protect both policyholders and those with claims against policyholders from the consequences of the insolvency of the insurer by establishing an association, the sole purpose of which is to compensate those who have claims which have not been paid because the insurance company is insolvent. The association is funded by assessing a fee against all member insurers, and every insurer is required to be a member as a condition of its authority to write property and casualty policies. 40 P.S. §§ 991.1803(a), (b)(3), and 991.1808. In this manner, the risk of loss due to the insolvency of any one insurer is spread out over all member insurance companies and their policyholders. Id. at § 991.1810. In effect, every time PPCIGA pays a claim, every member insurance company is paying part of the claim. The Act therefore seeks to lessen the financial burden on the insurance industry by preventing duplication of recovery.
Id. at 790.
Thus, as the Bells’ only source of funding for the settlement entered with Dr. Slezak is by way of the PPCIGA Act and, as PPCIGA’s obligation in this regard was extinguished by application of the non-duplication of recovery provision found in the Act, we affirm the Superior Court’s decision.
. In relation to the settlement, the CAT Fund served as a non-party statutory excess carrier pursuant to the Healthcare Services Malpractice Act, 40 P.S. §§ 1301.101-1301.1006 (superseded). See 40 P.S. § 1301.701(d) (superseded).
. Act of December 12, 1994, P.L. 1005, No. 137 § 1 (as amended, 40 P.S. §§ 991.1801-991. 1820) (the “PPCIGA Act”). This legislation superseded the former Pennsylvania Insurance Guaranty Association Act, Act of Nov. 25, 1970, P.L. 716, No. 232 (as amended 40 P.S. §§ 1701.101-1701.605), which was the enabling legislation for PPCIGA's predecessor, the Pennsylvania Insurance Guaranty Association ("PIGA”).
. The full text of the non-duplication of recovery provision is as follows:
Any person having a claim under an insurance policy shall be required to exhaust first his right under such policy. For purposes of this section, a claim under an insurance policy shall include a claim under any kind of insurance, whether it is a first-party or third-party claim, and shall include, without limitation, accident and health insurance, worker’s compensation, Blue Cross and Blue Shield and all other coverages except for policies of an insolvent insurer. Any*337 amount payable on a covered claim under this act shall be reduced by the amount of any recovery under other insurance.
40 P.S. § 991.1817(a).
. In a concurring opinion, Judge Del Sole expressed his view that rescission is indeed a remedy available to a plaintiff faced with a reduction in payment following settlement on the basis of the non-
. See also Rhode Island Insurers' Insolvency Fund v. Benoit, 723 A.2d 303, 307 (R.I. 1999) ("we agree with the jurisdictions that have held that '[t]he language is ambiguous if not contradictory,' [and] that 'the interrelationship of the clauses and phrases is confusing' " (citations omitted)); Cimini v. Nevada Ins. Guar. Ass’n, 112 Nev. 442, 915 P.2d 279, 282 (1996) (describing a guaranty act exhaustion clause as "neither a model of clarity nor an exemplar of the draftsman's craft”) (quoting Arizona Property & Cas. Ins. Guaranty Fund v. Herder, 156 Ariz. 203, 751 P.2d 519, 523 (1988)); International Collection Sen. v. Vermont Property & Cas. Ins., 150 Vt. 630, 555 A.2d 978, 980 (1988); Washington Ins. Guaranty Ass'n v. McKinstry Co., 56 Wash.App. 545, 784 P.2d 190, 194 (1990).
. The term "claimant" is not specifically defined under the Act.
. Recently, in Main Line Health, Inc. v. Pennsylvania Med. Prof'l Liab. Catastrophe Fund, 738 A.2d 66 (Pa.Cmwlth. 1999), off d per curiam, 566 Pa. 4, 777 A.2d 1048 (2001), the Commonwealth Court rejected the position that insureds of the insolvent insurer are claimants under the Act. See id. at 70; see also Pennsylvania Osteopathic Med. Ass’n v. Foster, 134 Pa.Cmwlth. 368, 381, 579 A.2d 989, 995-96 (1990). Nevertheless, this Court’s per curiam affirmance of Main Line did not constitute approval of the Commonwealth Court's reasoning. See Commonwealth v. Tilghman, 543 Pa. 578, 589-90, 673 A.2d 898, 903-04 (1996).
. As noted previously, the Superior Court considered the potential subrogation interest of the Bells’ health insurance carrier Capital Blue Cross and Blue Shield in this regard and concluded that such interest was foreclosed as it was derivative of the Bells’ interest. The court noted that a subrogee has no greater rights than those held by the subrogor, thus, the subrogee is limited to recovering in subrogation the amount received by the subrogor relative to the claim paid by the subrogee. Panea v. Isdaner, 773 A.2d at 791 (citing Allstate Ins. Co. v. Clarke, 364 Pa.Super. 196, 527 A.2d 1021, 1024 (1987)).
Dissenting Opinion
dissenting.
I agree with the majority that both first- and third-party claims fall within the PPCIGA Act’s broad definition of “covered claim,” and I fully support its reasoning in this respect. My position is opposite the majority’s, however, as concerns the obligations of settling defendants in a tort action and PPCIGA’s surrogate responsibilities in relation to such settlements. Centrally, I believe that, in furtherance of the aim of ameliorating hardship to claimants and policyholders attributable to insurer insolvencies, the statutory scheme devised by the General Assembly expressly requires PPCIGA to fund settlements of the kind presently before the Court, thus effectively restoring the parties to the tort litigation to the position that they would have occupied but for the insurer insolvency, while maintaining the integrity of (and preserving incentives to enter) settlements. My reasoning follows.
The outset of the majority’s analysis announces that defendants who have chosen to settle tort claims and whose insurers have become insolvent will be effectively immunized from the contractual obligation to fund their settlement commitments. See Majority Opinion at 573. Presumably, it is also intended that the defendants should nonetheless enjoy the benefit of the under-funded settlement, namely, release from any underlying liability in tort. The majority does not ground such conclusions in any substantive provision of the PPCIGA Act, but rather, references as support only the enactment’s guiding policy. Although I recognize that it is necessary to bear in mind the policies giving rise to legislation, I believe that it is equally essential for the judiciary to respect the manner by which the General Assembly has sought to effectuate its stated purposes by implementing the policies via application of the substantive terms of the statute. Courts should therefore take care to evaluate the mechanics of a statute before reaching broad conclusions concerning what must be done to implement the salient policy aims.
The terms of the PPCIGA Act reflect an effort to create a statutory claims administration process to spread the loss attributable to insurer insolvency from claimants and policyholders to a broader segment of the public. See, e.g., 40 P.S. §§ 991.1801-991.1820. Notably, the legislation contains no reference to, and no attempt to govern, the outcome of litigation among prospective claimants outside the administrative setting — in particular, it is solely in the context of the distinct, administrative claims process that the non-duplication of recovery provision at issue here has relevance on its terms. See generally Panea v. Isdaner, 773 A.2d 782, 798 (Pa.Super. 2001) (Todd, J., dissenting) (observing, in response to the Superior Court majority’s assertion that Dr. Slezak’s opposition to payment was merely his assertion of a statutory right to extinguish his obligation on the claim, that such entitlement, where it may exist, is expressly vested in PPCIGA and not with a defendant-physician).
Although, as all Justices agree, both the Bells and Dr. Slezak were entitled to assert covered claims under the PPCIGA Act, it is important to also recognize that the Legislature substantially restricted PPCIGA’s obligations in relation to covered claims of third parties such as the Bells, since PPCIGA possesses all rights of the insolvent insurer as if that insurer had not become insolvent. See 40 P.S. § 991.1803(b)(2). In Pennsylvania, a third party to an insurance contract possessing a claim against the insured has no general right of action against the insurer. See, e.g., Folmar v. Shaffer, 232 Pa.Super. 22, 24, 332 A.2d 821, 823 (1974) (“The law is settled that ‘in absence of a statute or a policy provision on which such right may be predicated, a person may not maintain a suit directly against the insurer to recover on a judgment
This position comports with PPCIGA’s statutory role in filling (or ameliorating) the void created by a carrier’s insolvency, accords with the character of the insolvent-insured’s liabilities, and alleviates many of the conceptual complexities presented in this line of cases. Since PPCIGA has identified
Furthermore, this plain meaning interpretation advances the public policy in support of adequate compensation to injured parties. See Bethea v. Forbes, 519 Pa. 422, 426, 548 A.2d 1215, 1217 (1988).
Certainly, these advantages are counterbalanced by costs. I recognize that a determination that the non-duplication of recovery provision effectively does not operate in a vertical plane decreases the provision’s potency in terms of constraining the breadth of PPCIGA’s obligations.
The final consideration which causes me to reject the construction of the opinion favoring affirmance is that the majority is simply required to fill too many and too large gaps in the statute in order to solidify its envisioned framework, principally in terms of absolving the defendant-physicians from liability.
My primary difference with the majority is that I read the operative provisions of the PPCIGA Act as furthering the statute’s salutary aims by creating an alternative source of funding to ameliorate the overall loss to claimants and policyholders occasioned by insolvencies of private insurers — the statute says nothing about extinguishing substantive law tort claims. Accord Panea, 773 A.2d at 797 (Todd, J., dissenting) (expressing the view, in line with the reasoning of the common pleas court, that the actual or effective molding of a verdict to reflect an offset on account of an insurer’s insolvency constituted an improper interference with a lawfully rendered jury verdict). Facially, as noted, the PPCIGA Act administers third-party claims primarily by affording PPCIGA defenses that would have been available to the insolvent insurer, not by extension of the non-duplication of recovery provision to disturb consensual or adversarial resolution of controversies outside the scope of the statutory claims process. Moreover, the overall objectives of the statute (protection of the interests of both claimants and policyholders) are furthered by applying the express terms of the statute to require PPCIGA to fund settlements in the same manner as was expected of the insurer prior to its insolvency in circumstances in which the policyholder (who is the only party asserting a claim against PPCIGA) has no duplicate source of recovery.
Thus, I find insufficient justification for applying the non-duplication of recovery provision remotely to offset recovery by plaintiffs on tort claims (or related settlements) asserted under state law against the insureds of insolvent insurers. I acknowledge that PPCIGA’s interpretation of its enabling statute is to be afforded substantial weight. Nevertheless, here I conclude that the controlling terms of the statute are adequately clear, and PPCIGA’s course' of action sufficiently far beyond the bounds of its mandate, to warrant the contrary interpretation.
Accordingly, I would hold that the PPCIGA Act neither bars the Bells’ claims against Dr. Slezak nor forecloses his liability to them, and the non-duplication of recovery provision does not relieve PPCIGA of its payment obligation in relation to Dr. Slezak’s covered claim. The effect of the statute, therefore, should be to place the Bells and Dr. Slezak in the positions that they would have occupied had PIC remained solvent.
. In this regard, it should be recognized that remedial statutory schemes such as the PPCIGA Act are frequently tempered and nuanced
. The Bells do not contend that a statute or policy provision would have entitled them to assert a direct claim against PIC or PPCIGA; indeed, in their brief they emphasize that they made no such claim.
. The majority states that "the PPCIGA Act specifically provides the statutory basis for third-party beneficiary claims such as the Bells[’] as the Act specifically contemplates third-party beneficiaries as claimants thereunder.” Majority Opinion at 573. In this regard, however, the majority gives no account for Section 991.1803(b)(2), which by its terms functions, inter alia, as an express, statutory limitation on PPCIGA’s obligation to pay covered claims to the extent that the insolvent insurer would have possessed the right to deny payment. See 40 P.S. § 991.1802(b)(2) (listing among the express powers of PPCIGA the ability to “be deemed the insurer to the extent of its obligation on the covered claims and, to such extent, [PPCIGA] shall have all rights, duties and obligations of the insolvent insurer as if that insurer had not become insolvent”).
. In this regard, I would reject PPCIGA's argument that related first- and third-party claims necessarily constitute the same claim. The statutory definition does not support such a conclusion, nor is it necessary to construe the enactment in such manner in light of the express statutory machinery which requires of PPCIGA only a single satisfaction with regard to any overlapping claims by making available to it all defenses to claims which were available to the insured. See 40 P.S. § 991.1803(b)(2).
. In this regard, the allusion of amicus, The Pennsylvania Medical Society, to a windfall on the part of the Bells is inapt. In the voluntary
. I would reject, however, the suggestion of Dr. Slezak and PPCIGA, citing to Burke v. Valley Lines, Inc., 421 Pa.Super. 362, 369, 617 A.2d 1335, 1338 (1992), that the provision is rendered meaningless by an interpretation that does not wholly insulate the insured from liability. The non-duplication of recovery provision plainly operates to relieve PPCIGA of responsibility for payment of claims possessed by those with a direct claim or right of action against the insolvent insured who also possess a collateral source of recovery; in this regard, the provision also serves the salutary purposes of the statute. Therefore, and in light of the General Assembly's decision to afford PPCIGA all defenses available to the insolvent insured in relation to covered claims, I do not find the arguments relative to Burke controlling.
. Under the plain meaning interpretation, however, there is no cause to implement such a dramatic remedy as a stopgap measure, since relief from liability should occur in the ordinary course by virtue of the contractual release to be furnished by the Bells.
. Notably, the General Assembly has demonstrated that, when it intends to release an insured from liability, it knows how to do so expressly. See, e.g., 40 P.S. § 221.40 (providing that the filing of a claim with the statutory liquidator by a third party "shall operate as a release of the insured’s liability to the third party on that cause of action in the amount of the applicable policy limit”).
. I reiterate that the adjudicative (as opposed to legislative) process is ill suited to assessing the fiscal aspects of the equation, i.e., whether the
Reference
- Full Case Name
- Shirley L. BELL and Thomas P. Bell, Her Husband, Appellants v. Joseph A. SLEZAK, M.D., Joseph A. Slezak, M.D. LTD, L. Alan Egleston, M.D., and Frick Community Health Center, Appellees
- Cited By
- 46 cases
- Status
- Published