Stephen Mark Fowler

Mr. Fowler served from 1983 to 1984 as a law clerk to the Honorable Magistrate Judge Donald E. Abram for the United States District Court, District of Colorado. Following the advice of Magistrate Abram, Mr. Fowler sought a position with an insurance defense firm following the one year clerkship. Mr. Fowler’s law practice has been focused on insurance defense litigation since 1984.

While in Colorado, Mr. Fowler’s insurance defense litigation included asbestos, construction and other product liability claims. Upon returning to West Virginia, his practice continued in asbestos which has been a major focus of his litigation experience. West Virginia is a venue of national import in asbestos litigation.

Other areas of focus include governmental issues and liability. Mr. Fowler has served as Counsel to the West Virginia Board of Risk and Insurance Management since 2003. He has represented numerous State entities and municipalities in West Virginia including West Virginia University in asbestos related litigation.

One final area of focus is legal malpractice defense. Mr. Fowler has been successfully defending legal malpractice claims in Kentucky and West Virginia.

Mr. Fowler’s trial experience includes over fifty (50) trials to a jury or the court. Mr. Fowler has argued cases to the Colorado Court of Appeals, the West Virginia Supreme Court of Appeals and the Fourth Circuit Court of Appeals.

Mr. Fowler currently serves on the Board of Trustees for the Blue Ridge Chapter of the National MS Society.

In 2011, Mr. Fowler was awarded a rating of AV Preeminent, the highest possible rating, in both legal ability and ethical standards by Martindale-Hubbell. The AV Preeminent Rating is the pinnacle of professional excellence earned through a strenous Peer Review Rating process that is managed and monitored by the world’s most trusted legal resource, Martindale-Hubbell.

Current Employment Position(s):

• Equity Member

Areas of Practice:

• Insurance Defense Litigation
• Asbestos Litigation
• Toxic Tort Defense
• Products Liability
• Medical, Legal and Architectural Malpractice Defense

Litigation Percentage:

• 100% of Practice Devoted to Litigation

Bar Admissions:

• Colorado, 1983
• U.S. District Court District of Colorado, 1983
• West Virginia, 1989
• U.S. District Court Southern District of West Virginia, 1989
• U.S. District Court Northern District of West Virginia, 2001
• Kentucky, 2006
• Ohio, 2008
• U.S. District Court Eastern District of Kentucky, 2007
• U.S. Court of Appeals 4th Circuit, 2003
• U.S. District Court Northern District of Ohio, 2009
• U.S. District Court Western District of Kentucky, 2009
• U.S. District Court Eastern District of Kentucky, 2009

Education:

• University of Denver College of Law, Denver, Colorado, 1983
  J.D.
• Alderson-Broaddus College, Philippi, WV, USA, 1980
  B.A.
  Honors: Magna Cum Laude
  Major: Political Science

Representative Cases:

• Minnick v. City and County of Denver, 784 P.2d 810 (Colo.App. 1989)
• Hartford Ins. Co. v. CMC Builders, Inc., 752 P.2d 590 (Colo.App. 1988)
• Short v. Wells Fargo Bank Minnesota, N.A., 401 F.Supp.2d 549 (S.D.W.Va. 2005)
• C&H Co. v. Richardson, 78 Fed.Appx. 894 (C.A.4 W.Va. 2003)
• In re West Virginia Rezulin Litigation, S.E.2d (W.Va. 2001)
• Abbott v. A-Best Prods. Co., 122 F.Supp.2d 688 (N.D.W.Va. 2000)
• Pelfrey v. Fields, 225 F.3d 655 (C.A.4 W.Va. 2000)
• State ex rel. Garden State Newspapers, Inc. v. Hoke, 520 S.E.2d 186 (W.Va. 1999)
• State ex rel. Ward v. Hill, 489 S.E.2d 24 (W.Va. 1997)
• Continental Cas. Co v. Assicurazioni Generali, S.P.A., 903 F.Supp. 990 (S.D.W.Va. 1995)
• Crawford v. West Virginia Dept. of Human Services, 37 F.3d 1493 (C.A.4 W.Va 1994)
• Gray v. Farley, 13 F.3d 142 (C.A.4 W.Va. 1993)
• Jones v. Glenville State College, 433 S.E.2d 49 (W.Va. 1993)
• State v. Chase Securities, Inc., 424 S.E.2d 591 (W.Va. 1992)
• Marks Const. Co,, Inc. v. Board of Educ. of County of Wood, 408 S.E.2d 79 (W.Va. 1991)

Representative Clients:

• Lockheed Martin Corporation
• West Virginia University
• West Virginia Board of Risk and Insurance Management
• Glenville State College
• Kanawha County Board of Education

Classes/Seminars Taught:

• Insurance Coverage Law, Updates: Recent Cases and Statuses, WV Board of Risk Insurance Management, May 2, 2010 – Present
• In Service Supervisor Training, West Virginia State police, October 13, 2009 – Present
• Hot Topics in School Law in West Virginia, Lorman Education Services, September 24, 1998 – October 21, 1999

Honors and Awards:

• AV® Distinguished™ Peer Review Rated by Martindale-Hubbell®

Past Employment Positions:

• United States District Court, District of Colorado, Hon. Magistrate Judge Donald E. Abram, Law Clerk, 1983 – 1984
• Barrows & Sison, Denver, CO, 1984 – 1987
• Meer & Meer, Denver, CO, 1987 – 1989
• Pauley, Curry, Sturgeon & Vanderford, Charleston, WV, 1989 – 1991

Pro Bono Activities:

• West Virginia Bar Lawyer Referral Program
• West Virginia Pro Bono Referral Program
• Community Referral of Small Business Litigation