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APPALACHIAN REGIONAL v. CUNNINGHAM

Record No. 161767.

806 S.E.2d 380 (2017)

APPALACHIAN REGIONAL HEALTHCARE, et al. v. Jacqueline K. CUNNINGHAM, Commissioner of Insurance, et al.

Supreme Court of Virginia.

November 22, 2017.

Attorney(s) appearing for the Case

Greg E. Mitchell ( Eric M. Page ; William C. Gullett ; Eckert Seamans Cherin & Mellott, Richmond; Frost Brown Todd , on briefs), for appellants.

Joseph N. West ( Robert D. Perrow ; Patrick H. Cantilo ; Williams Mullen , Richmond; Cantilo & Bennett, on brief), for appellee Jacqueline K. Cunningham.

No brief filed by appellees State Corporation Commission and Attorney General of Virginia.

PRESENT: All the Justices

OPINION BY JUSTICE D. ARTHUR KELSEY

The State Corporation Commission ("SCC") denied claims filed by a group of Kentucky hospitals (the "Hospitals") requesting reimbursement for $439,375.20 in legal fees and costs from Reciprocal of America ("ROA"), an insolvent insurer. The Hospitals appeal, arguing that certain agreements constituting an assumption reinsurance transaction provided a contractual basis for the claims and that the SCC erred in concluding...

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