Legal Opinion

Appalachian Regional Healthcare v. Cunningham

Supreme Court of Virginia

Decided November 22, 2017No. Record 161767PublishedCited by 12 opinions

1Opinion of the Court

OPINION BY JUSTICE D. ARTHUR KELSEY

The State Corporation Commission ("SCC") denied claims filed by a group of Kentucky hospitals (the "Hospitals") requesting reimbursement for $439,375.20 in legal fees and costs from Reciprocal of America ("ROA"), an insolvent insurer. The Hospitals appeal, arguing that certain agreements constituting an assumption reinsurance transaction provided a contractual basis for the claims and that the SCC erred in concluding otherwise. We disagree and affirm.

I

In the late 1970s and early 1980s, a group of Kentucky hospitals created two self-insured Trusts-the…

2Cases cited17 opinions

  1. Hartford Fire Ins. Co. v. CaliforniaSupreme Court of the United States · 1993
  2. Brown-Forman Corp. v. Tennessee Alcoholic Beverage CommissionSupreme Court of the United States · 1989
  3. Babcock & Wilcox Co. v. Areva NP, Inc.Supreme Court of Virginia · 2016
  4. Colonial American Life Insurance v. CommissionerSupreme Court of the United States · 1989
  5. Condominium Services, Inc. v. FOASupreme Court of Virginia · 2011

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3Cited by12 opinions

  1. Erie Ins. Exchange v. EPC MD 15, LLCSupreme Court of Virginia · 2019
  2. Bruce Levine v. Employers Ins. Co. of WausauCourt of Appeals for the Fourth Circuit · 2018
  3. Towers Watson & Co. v. National Union Fire Insurance CompanyCourt of Appeals for the Fourth Circuit · 2025
  4. Bruce Levine v. Employers Ins. Co. of WausauCourt of Appeals for the Fourth Circuit · 2018
  5. Bruce Levine v. Employers Ins. Co. of WausauCourt of Appeals for the Fourth Circuit · 2018

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