CONCURRING.
In my view, the requirement in the first sentence of section 702(c) that a basic coverage insurance carrier or self-insured provider (an “Insurer”) “promptly notify” the CAT Fund director of any case that “falls under section 605” is meant to be read in conjunction with section 605, 40 P.S. § 1301.605 (superseded), so that prompt in section 702(c) is specifically defined as 180 days.1 However, I do not believe that the prejudice requirement in the last sentence of section 702(c) was ever intended to apply with respect to section 605 requests. According to that sentence, where an Insurer fails to promptly notify the CAT Fund director of a claim, that *101Insurer shall be “responsible for the payment of the entire award or verdict” where the CAT Fund has been prejudiced by the untimely notice. See 40 P.S. § 1301.702(c) (superseded) (emphasis added). As this sentence makes an Insurer responsible for the entire verdict, it was clearly not meant to apply with respect to section 605 requests where the Insurer was solely seeking first dollar indemnity. Simply because an Insurer failed to make a prompt 605 request cannot possibly mean that the CAT Fund may also refuse excess coverage. Thus, in my view, the final sentence of section 702(c) only applies to circumstances in which the Insurer notifies the CAT Fund that it believes the value of the claim exceeds the Insurer’s basic coverage.
Justice BAER joins.. Before it was repealed and superseded by the MCARE Act, Section 702(c) provided in whole:
The basic coverage insurance carrier or self-insured provider shall promptly notify the director of any case where it reasonably believes that the value of the claim exceeds the basic insurer’s coverage or self-insurance plan or falls under section 605. Such information, including the fund’s claim file, shall be confidential, notwithstanding the act of June 21, 1957 (P.L. 390, No. 212) referred to as the Right To Know Law and the act of July 3, 1986 (P.L. 388, No. 84), known as the “Sunshine Act.” Failure to so notify the director shall make the basic coverage insurance carrier or self-insured provider responsible for the payment of the entire award or verdict, provided that the fund has been prejudiced by the failure of notice.
40 P.S. § 1301.702(c) (footnotes omitted) (superseded).
. The CAT Fund conceded at oral argument that in neither of these matters was it prejudiced by notice of the § 605 claims provided beyond the 180 day window.