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CLARK v. MILAM

No. 22369.

452 S.E.2d 714 (1994)

192 W.Va. 398

Hanley C. CLARK, Commissioner of Insurance for the State of West Virginia, as Receiver of George Washington Life Insurance Company, Plaintiff/Appellant, v. Arthur W. MILAM; John H. Wilbur; Dudley D. Allen; Frank E. Clark, Jr.; Michael J. Davoli; Mahoney, Adams & Criser, P.A., f/k/a Mahoney, Adams, Milam, Surface & Grimsley, P.A., also f/k/a Mahoney, Hadlow & Adams, P.A.; John J. McAvoy; Carolyn B. Lamm; Donald F. Withers and Byron N. Thompson, Jr., Defendants/Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1994.

Attorney(s) appearing for the Case

Ellen G. Robinson, C. Philip Curley, Robinson Curley & Clayton, P.C., Chicago, IL and Rudolph L. DiTrapano, Joshua I. Barrett, Debra L. Hamilton, DiTrapano & Jackson, Charleston, for plaintiff/appellant.

John H. Wilbur, Dudley D. Allen, George Washington Corp. Jacksonville, FL, for Wilbur.

John E. Jenkins, Jr., Suzanne Oxley, Anne M. McGee, Jenkins, Fenstermaker, Kreiger, Kayes & Farrell, Huntington, for Arthur W. Milam.

Robert B. King, Stephanie D. Thacker, King, Allen & Arnold, Charleston, for Carolyn Lamm.

Joseph R. Goodwin, Richard D. Owens, Goodwin & Goodwin, Charleston, Stephen M.

Sacks, Michael S. Solender, Arnold & Porter, Washington, DC for Withers & Thompson.

NEELY, Justice.

An action was brought in the United States District Court for the Southern District of West Virginia by the statutory receiver of the George Washington Life Insurance Company ("GW Life"), an insolvent West Virginia insurance company, against certain of the company's former officers, directors, accountants and lawyers. The receiver alleges that: (1) the officers and directors looted over $15 million from GW Life; (2) auditors hired by the officers and...

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