Kanawha Valley Radiologists, Inc. v. One Valley Bank, N.A.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[u]nder general principles of equity, in the absence of statutory law or valid contractual obligations to the contrary, an insured must be fully compensated for injuries or losses sustained (made whole) before the subrogation rights of an insurance carrier arise.”
• rules of equity apply even where subrogation right is based on contract unless terms of contract clearly and explicitly provide otherwise
• rules of equity apply even where subrogation right is based on contract unless terms of contract clearly and explicitly provide otherwise
• A stay of the enforcement of an order does not affect the order’s finality.
• “We have previously determined, on numerous occasions, that a circuit court has erred by failing to afford a party notice and the opportunity to be heard prior to awarding attorney’s fees.”
• “[w]e have previously determined, on numerous occasions, that a circuit court has erred by failing to afford a party notice and the opportunity to be heard prior to awarding attorney’s fees.”

Source: CourtListener parenthetical corpus (CC0).