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STATE EX REL. INS. COM'R v. BCBS

No. 32979.

638 S.E.2d 144 (2006)

STATE of West Virginia ex rel. INSURANCE COMMISSIONER OF THE STATE OF WEST VIRGINIA, Petitioner Below, West Virginia Hospital Association, Intervenor, West Virginia State Medical Association, Intervenor, v. BLUE CROSS AND BLUE SHIELD OF WEST VIRGINIA, INC., Respondent Below, Appellee, and United Mine Workers of America, International Union, Intervenor Below, Appellant, v. Receiver of Blue Cross and Blue Shield of West Virginia, Inc., Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided: October 5, 2006.

Attorney(s) appearing for the Case

Bradley J. Pyles, Pyles, Haviland, Turner & Smith, Logan, for Appellant UMWA.

Anthony J. Cicconi, Shaffer & Shaffer, Charleston, for W.V. Hospital Association.

Don R. Sensabaugh, Jaclyn A. Bryk, Flaherty Sensabaugh & Bonasso, Charleston, for W.V. Medical Association.

Robert L. Greer, Clarksburg, for Blue Cross & Blue Shield.

Christopher S. Smith, Hoyer, Hoyer & Smith, Charleston, for Appellee Receiver.

DAVIS, C.J.

This appeal was brought by the International Union, United Mine Workers of America, appellant/intervenor below (hereinafter "UMWA"), from an order of the Circuit Court of Kanawha County that granted summary judgment in favor of the Receiver of Blue Cross and Blue Shield of West Virginia, appellee/applicant (hereinafter "Receiver").1 This matter arose out of a delinquency proceeding2 involving Blue...

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