Kanawha Valley Radiologists, Inc. v. One Valley Bank, N.A.

DAVIS, Justice:

In this appeal by CNA Insurance Companies, we are asked to determine whether the circuit court erred in deciding that, pursuant to the made-whole doctrine, CNA was barred from exercising its subrogation rights with respect to monies recovered by its insured, Kanawha Valley Radiologists, in connection with embezzlement losses suffered by Kana-wha Valley Radiologists. In addition, we are asked to consider whether the circuit court erred in awarding attorney’s fees to Kana-wha Valley Radiologists without affording CNA an opportunity to dispute the award. We conclude that CNA’s…