Opinion
No. 191 MAL 2009.
June 1, 2010.
Petition for Allowance of Appeal from the Order of the Commonwealth Court, No. 191 MAL 2009.
Prior report: Pa.Cmwlth., 967 A.2d 439.
ORDER
AND NOW, this Appeal is hereby GRANTED, IN PART, and LIMITED to the following questions, as restated for clarity:
1. Whether policyholders and subscribers who have purchased medical insurance from a nonprofit corporation have standing under 15 Pa.C.S.A. § 5793(a) of the Non Profit Corporation Law of 1988 to challenge the corporation's actions in court?
2. Whether policyholders and subscribers who have purchased medical insurance from a nonprofit corporation have standing to maintain a breach of contract claim for the non profit corporation's alleged violation of other provisions of the Non Profit Corporation Law of 1988, such as 15 Pa. C.S.A. § 5545?
3. Whether policyholders and subscribers who have purchased medical insurance from a nonprofit corporation may maintain a claim for breach of fiduciary duty against that corporation for its alleged excess accumulation of surplus profits?
In all other respects, the Petition for Allowance of Appeal is DENIED.