PPCIGA Offset
PPCIGA can offset insurance payments, Superior Court rules
A copy of the 43-page opinion in Panea v. Isdaner is available by contacting Kristy Hackman, PaTLA Communications Associate, ([email protected]).
The Pennsylvania Superior Court, on April 10,
issued its decision in the consolidated appeals of Panea v. Isdaner, Bell v.
Slezak, and Baker v. Meyers involving the issue of whether the Pennsylvania
Property and Casualty Insurance Guaranty Association (PPCIGA) could offset medical bills
paid by insurance. In a 6-3 decision, the Court ruled, en banc, that PPCIGA can offset
insurance payments even when a settlement agreement has been reached between plaintiffs
and the doctors they sued. The Court also found that doctors should not be personally
responsible for any sums that are offset by PPCIGA.
The consolidated cases involved nine Superior Court judges: President Judge Joseph A. Del
Sole, Stephen J. McEwen, Joseph A. Hudock, J. Michael Eakin, Michael T. Joyce, Correale F.
Stevens, John L. Musmanno, Joan Orie Melvin, and Debra B. Todd.
Judge Orie Melvin wrote the majority opinion; Judge McEwen wrote a concurring and
dissenting opinion; Judge Musmanno joined the majority in part, but also joined Judge
Todd’s dissent in part. Judge Del Sole wrote a concurring opinion.
PaTLA’s Amicus Curiae Committee is participating in the case on behalf of the
plaintiffs.