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MARTINO v. BARNETT

No. 31270.

595 S.E.2d 65 (2004)

215 W.Va. 123

Frank S. MARTINO, Plaintiff Below, v. Betty J. BARNETT; Sean M. Swiger; Jerry Boyce and Colleen Boyce, Husband and Wife; Horace Mann Insurance Company, a Foreign Insurance Company; Edgar Bruce Garner, an Individual; Nationwide Mutual Insurance Company, a Foreign Insurance Company; and Rodney Stewart, an Individual, Defendants Below.

Supreme Court of Appeals of West Virginia.

Decided March 15, 2004.

Attorney(s) appearing for the Case

David J. Romano, Michael J. Romano, Romano Law Offices, Clarksburg, for Frank S. Martino.

E. Kay Fuller, Walter M. Jones, III, Martin & Seibert, L.C., Martinsburg, for the defendant, Nationwide Mutual Insurance Company.

Sandra M. Murphy, Amy J. Tawney, Bowles Rice McDavid Graff & Love, P.L.L.C., Charleston, for Amici Curiae, West Virginia Bankers Association and American Bankers Association.

ALBRIGHT, Justice:

This matter involves three certified questions from the Circuit Court of Harrison County regarding whether applicable state and federal privacy laws allow dissemination of confidential customer information by an insurance company to an unaffiliated third party during the adjustment or litigation of an insurance claim.1 After completing our examination of the record, briefs2 and arguments...

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