Back in 1999, I got my start as an insurance coverage lawyer by helping defend an insurer that denied coverage under a fiduciary liability policy for two ERISA class action settlements totaling $50 million. This case was special. It was my biggest case to that point. There were few published cases involving fiduciary liability policies. This case dealt with a key feature, the “benefits due” exclusion, and we had a chance to make law. After substantial discovery and briefing, we won the case at the district court level. Then, on appeal, I was at counsel table with one of my mentors who argued to a distinguished Seventh Circuit panel. Judge Posner wrote the affirming opinion. See May Dept. Stores Co. v. Federal Ins. Co., 305 F.3d 597 (2002).
During the three years it took to resolve that case, I transitioned from associate to partner, and I began handling other Fiduciary, D&O, Employment Practices, and E&O liability insurance matters. Since then, I’ve handled dozens of insurance matters under virtually every type of business insurance policy, adding Property/Business Interruption, Cyber, CGL, and other coverages to the mix. Along the way, I also switched sides: now I represent policyholders.
Over the course of my 25 year legal career, I’ve learned a lot. I’m still learning. Here I intend to share some of my knowledge and perspective. I won’t guarantee that all entries will be useful or interesting to everyone. But I hope to offer something useful to most businesses over the course of every month or so.
Learn more about me here.
All posts from Scott