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 Kay
Fuller is a Shareholder at Martin & Seibert, L.C. and restricts
her practice to litigation and appellate matters. Miss Fuller has
more than 12 years experience in complex civil litigation and has
devoted a large portion of her practice to representing insurance
carriers, claim employees and agents in "bad faith" claims.
Currently, she is involved in the defense of insurance
carriers in claims of "bad faith" statewide and has provided coverage
defense to numerous insurance carriers in the state and federal
courts of West Virginia. She is presently involved in litigating
the privilege rights of insurance carriers and defense counsel,
the privacy rights of adjusters concerning materials contained within
personnel files, as well as extraterritorial claim information of
carriers facing punitive damages claims and claim handling issues
relative to the Gramm-Leach-Bliley Act.
She has served as trial and appellate counsel in
several insurance cases of first impression in West Virginia including:
• State ex rel Allstate v. Gaughan which recognized
the tripartite relationship of defense counsel and set forth guidelines
for the discovery of materials in third-party "bad faith" claims.
• Costello v. Allstate in which the West Virginia
Supreme Court of Appeals addressed for the first time the application
of the doctrine of reasonable expectations to insurance agents rather
than insurance carriers.
Ms. Fuller has authored articles concerning insurance
issues and has lectured before insurance officials, agents and practitioners
in the area of bad faith, the applicability of the Unfair Claims
Settlement Practices Act and insurance issues generally. She is
admitted to all state and federal courts in West Virginia and Virginia.
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