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KANAWHA VALLEY RADIOLOGISTS v. ONE VALLEY

Nos. 29689, 29690.

557 S.E.2d 277 (2001)

210 W.Va. 223

KANAWHA VALLEY RADIOLOGISTS, INC., a West Virginia Professional Corporation, Plaintiff Below, Appellee, v. ONE VALLEY BANK, N.A., a National Banking Association, Defendant Below, CNA Insurance Companies, Including Valley Forge Insurance Company, Intervenor Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 28, 2001.

Attorney(s) appearing for the Case

Paul A. Burns, Martin & Seibert, L.C., Martinsburg, West Virginia, Attorney for the Appellant.

Robert B. Allen, Pamela C. Deem, Charles W. Pace, Jr., Allen, Guthrie & McHugh, Charleston, West Virginia, Attorney for the Appellee.

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 Kanawha Valley Radiologists. In addition, we are asked to consider whether the circuit court erred in awarding attorney...

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