STATE of West Virginia ex rel. Hanley C. CLARK, Insurance Commissioner of the State of West Virginia, Plaintiff Below, Appellee,
v.
BLUE CROSS BLUE SHIELD OF WEST VIRGINIA, INC., Defendant Below,
West Virginia State Medical Association, Intervenor Below, Appellee,
West Virginia Hospital Association; Blue Cross Western Pennsylvania; International Union; United Mine Workers; and Joann Williams, et al., Intervenors Below,
Pennsylvania Blue Shield, Intervenor Below, Appellant.
State of West Virginia ex rel. Hanley C. Clark, Insurance Commissioner of the State of West Virginia, Plaintiff Below, Appellee,
v.
Blue Cross Blue Shield of West Virginia, Inc., Defendant Below,
West Virginia State Medical Association, Intervenor Below, Intervenor, Appellee,
West Virginia Hospital Association; Pennsylvania Blue Shield; International Union; United Mine Workers; and Joann Williams, et al., Intervenors Below,
Blue Cross Western Pennsylvania, Intervenor Below, Appellant.
State of West Virginia ex rel. Hanley C. Clark, Insurance Commissioner of the State of West Virginia, Plaintiff Below, Appellee,
v.
Blue Cross Blue Shield of West Virginia, Inc., Defendant Below,
West Virginia State Medical Association, Intervenor Below, Intervenor, Appellee,
West Virginia Hospital Association; Blue Cross Western Pennsylvania; Pennsylvania Blue Shield; International Union; United Mine Workers; and Joann Williams, et al., Intervenors Below,
United States of America, on Behalf of CHAMPUS, Department of Veterans Affairs—Va Hospitals, Department of Defense, Department of Health and Human Services, Office of Personnel Management and Medicaid, et al., Claimant Below, Appellant.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted September 23, 1998.
Decided December 4, 1998.
Attorney(s) appearing for the Case
James A. McKowen, James F. Humphreys & Associates, Charleston, West Virginia, Edward L. Springer, Gerri L. Sperling, James H. Webster, Springer, Bush & Perry, Pittsburgh, Pennsylvania, Attorneys for the Appellants, Highmark, Inc. (formerly Pennsylvania Blue Shield, and Blue Cross of Western Pennsylvania).
Frank W. Hunger, Assistant United States Attorney General, Rebecca A. Betts, United States Attorney, Southern District of West Virginia, Charleston, West Virginia, Stephen M. Horn, Assistant United States Attorney, J. Christopher Kohn, Sandra P. Spooner, Mary R. Bohan, Department of Justice, Washington, District of Columbia, Attorneys for the Appellant, The United States of America.
John T. Miesner, Hoyer, Hoyer, Smith & Miesner, Robert L. Greer, Assistant Deputy Receiver, West Virginia Department of Insurance, B. Keith Huffman, Office of the Insurance Commissioner, Charles R. McElwee, Paul G. Papadopoulos, Robinson & McElwee, Charleston, West Virginia, Attorneys for the Appellee, Hanley C. Clark, Insurance Commissioner of the State of West Virginia.
Steven L. Thomas, Kay, Casto, Chaney, Love & Wise, Charleston, West Virginia, Attorney for the Intervenor, Appellee, West Virginia State Medical Association.
Michael E. Surguine, Kansas City, Missouri, Ancil G. Ramey, Steptoe & Johnson, Charleston, West Virginia, Attorneys for Amicus Curiae, National Association of Insurance Commissioners.
F. James Foley, Vorys, Sater, Seymour and Pease, Columbus, Ohio, Cheryl Connelly, Dustin C. Haley, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, West Virginia, Attorneys for Amici Curiae, National Organization of Life & Health Insurance Guaranty Associations and National Conference of Insurance Guaranty Funds.
Supreme Court of Appeals of West Virginia.
DAVIS, Chief Justice:
In three appeals consolidated for purposes of rendering this opinion, Pennsylvania Blue Shield [hereinafter "PBS"], Blue Cross of Western Pennsylvania [hereinafter "BCWP"] and the United States of America [hereinafter "the United States"] challenge orders entered by the Circuit Court of Kanawha County in liquidation proceedings involving Blue Cross Blue Shield of West Virginia [hereinafter "BCBSWV"]. PBS and BCWP raise various issues, however...
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