Case Study: Yussen V. MCARE Fund

Law360, New York (September 20, 2012, 3:17 PM EDT) -- What constitutes a claim under Section 715 of the Medical Care Availability and Reduction of Error (MCARE) Act? Apparently, according to the Supreme Court of Pennsylvania in Yussen v. MCARE Fund, 2012 Pa. (May 29, 2012), a writ of summons in the absence of notice or a demand communicated to the insurer or insured does not.

Section 715 of the MCARE Act, 40 P.S. § 1303.715, provides that the Commonwealth of Pennsylvania, MCARE Fund and the Pennsylvania Insurance Department may be required to assume the central obligations...
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