Legal Opinion · Concurrence
Zaleski v. West Virginia Mutual Insurance
West Virginia Supreme Court
Decided November 17, 2009No. 34620Published
1ConcurrenceKetchum, J.
I concur because we are bound by “the law of the ease” as set out in Zaleski v. West Virginia Physicians’ Mut. Ins. Co., 220 W.Va. 311, 647 S.E.2d 747 (2007) (“Zaleski I.”)
However, Zaleski I was plainly wrong. It held that West Virginia Mutual Insurance Company (“W.Va. Mutual”) is a “state actor” and, therefore, Dr. Zaleski was entitled to a due process hearing concerning the December 22, 2004 non-renewal of his malpractice insurance policy.
W.Va. Mutual was authorized and created by statute as a private corporation. It initially borrowed State money, and the State temporarily exercised some…
2Cases cited5 opinions
- Philips v. Pitt County Memorial HospitalCourt of Appeals for the Fourth Circuit · 2009
- Wahi v. Charleston Area Medical Center, Inc.Court of Appeals for the Fourth Circuit · 2009
- Lebron v. National Railroad Passenger CorporationSupreme Court of the United States · 1995
- DeBauche v. TraniCourt of Appeals for the Fourth Circuit · 1999
- Zaleski v. West Virginia Physicians' Mutual InsuranceWest Virginia Supreme Court · 2007