Scott’s practice is primarily concentrated in general business and commercial litigation. Scott has successfully represented corporate clients in numerous state and federal cases, as well as in arbitration, for more than two decades. Scott’s substantial litigation experience includes representation of clients in insurance, construction, real estate, payment and other contract disputes. Scott’s practice also includes counseling and assisting clients with transactional matters, including review, analysis, negotiation and drafting of commercial contracts. Scott moved in 2014 to Nashville to help grow the firm’s Tennessee presence after practicing in the Cincinnati office for many years. Scott maintains offices in both locations and is licensed to practice in both Tennessee and Ohio state and federal courts, offering increased geographic coverage to his clients.
Scott has substantial experience in insurance matters and was formerly a Divisional Vice President with Great American Insurance Companies. Scott is currently a Board Member and past President of the National Society of Professional Insurance Investigators (NSPII), a nonprofit organization comprised of insurance representatives, investigators, fire fighters, police officers, accountants and attorneys from across the country working each day in the critical fight against insurance fraud. Scott is a Board Member and past President of NSPII’s Kentucky and Tennessee Chapter, and also is a member of the National Coalition Against Insurance Fraud. Scott is also a Board Member of the Honorable Order of the Blue Goose, International, Tennessee “Pond,” a fraternal organization of those who work in the insurance industry.
Scott also has experience in construction law, and regularly handles transactional matters and represents contractors in litigation. Scott is a member of Associated General Contractors of Tennessee (AGC) and serves on AGC’s Build Tennessee Dinner Committee and Legal Advisory Committee. Scott also has served on the Board of Directors of the Spirit of Construction Foundation, an organization that honors construction professionals and their achievements, and promotes civic and educational ventures which benefit the construction industry and local community in Cincinnati. Scott was 2015 Co-Chair for the Spirit of Construction’s Gala. He also worked on the Spirit of Construction’s Gala Committee and has served as its Co-Chair of its annual “Spring Fling” event. Scott also has been a member of Allied Construction Industries’ Finance/Insurance Committee, and received ACI’s Distinguished Service Award in 2014.
Scott has served as member of the Cincinnati Bar Association’s Fee Arbitration Committee, and has worked as an arbitrator in cases involving fee disputes between attorneys and clients. He also has been a member/barrister of the Potter Stewart Inns of Court. Scott is the former President and member of the Board of Trustees of the Landen Farm Community Services Association, and he also served on the Deerfield Regional Storm Water District Advisory Committee.
January 15, 2019
December 5, 2018
Representation of Insurers in Coverage and Bad Faith Litigation.
Drafting of Coverage opinions for numerous National Insurers.
Representation of Contractors, Subcontractors, Engineers and Insurers, including Construction Defect, Design Defect, Payment and Lien Disputes.
Representation of Property Owners in Real Estate Disputes.
Representation of National General Contractor and achievement of multiple million-dollar recovery in school collapse case.
Representation of Public Owner and achievement of multiple million-dollar recovery in case involving defective geothermal HVAC system.
Representation of National Insurer and achievement of award of summary judgment in multiple million-dollar professional liability insurance coverage and bad faith lawsuit concerning FHA loan underwriting and False Claims Act claim by Department of Justice.
Representation of National Insurer and successful resolution of coverage dispute concerning anti-trust liability coverage.
Representation of National Insurer and achievement of award of summary judgment in dispute concerning coverage for commercial vehicle regularly used in insured’s business.
Representation of Limited Liability Company and award of partial summary judgment and subsequent successful prosecution of declaratory judgment action and defense of Limited Liability Company in trial concerning termination of membership and interest in LLC.
Representation of Commercial Landlord and achievement of one million-dollar recovery due to construction defects.
Representation of Real Estate Investment Trust and successful resolution of multiple million-dollar dispute concerning the sale of hotel.
Representation of General Contractor and recovery of multiple million-dollar payment claim and successful defense of construction defect claims.
Representation of General Contractor in recovery of payment claim and successful defense of claims involving alleged defective road construction.
Representation of General Contractor in recovery of payment claim and successful defense of claims involving alleged defective terrazzo tile installation at international airport.
Representation of Specialty Contractor in successful defense of porch collapse and multiple million-dollar fraud and personal injury claim.
Representation of Material Supplier and successful prosecution of payment claim and recovery of damages at trial.
Representation of Insurance Agency and achievement of award of summary judgment in dispute with insured alleging insufficient insurance limits for property loss at arbitration.
Representation of Commercial Property Owner and achievement of successful award in case involving geotechnical engineering and construction defects at arbitration.
Representation of National Insurer and achievement of award of summary judgment in payment dispute with insurance agent.
Representation of National Trucking Company and achievement of defense verdict in personal injury case at trial.
Representation of National Manufacturer and achievement of award of summary judgment in wrongful death action.
Northern Kentucky University, Salmon P. Chase College of Law, J.D., magna cum laude
University of Cincinnati, B.A., cum laude
Tennessee Supreme Court, appellate and state courts
United States District Court for the Middle District of Tennessee
United States District Court for the Western District of Tennessee
United States District Court for the Eastern District of Tennessee
Ohio Supreme Court, appellate and state courts
United States District Court for the Southern District of Ohio
United States District Court for the Northern District of Ohio
United States Court of Appeals for the Sixth Circuit
The Best Lawyers in America©, Insurance Law, 2007-2020; Construction Law, 2010-2011; Construction Litigation, 2012-2020
Mid-South Super Lawyers®, 2017-2019
Ohio Super Lawyers®, Civil Litigation Defense, 2009, 2012-2019
The Best Lawyers in America©, 2011 Cincinnati Insurance Lawyer of the Year
Super Lawyers®, Corporate Counsel Edition, Civil Litigation Defense, 2010
Peer Review Rated, Martindale-Hubbell®
Allied Construction Industries’ Distinguished Service Award, 2014
American Bar Association
American Bar Association Tort Trial & Insurance Practice Section (TIPS); Member, Fidelity and Surety Law Committee
Nashville Bar Association
Tennessee State Bar Association
Cincinnati Bar Association
Ohio State Bar Association
National Society of Professional Insurance Investigators (NSPII), Board Member; National Board of Trustees, 2009-present; President, 2014; President, Kentucky/Tennessee Chapter – 2017
Honorable Order of the Blue Goose, International, Board Member, Tennessee “Pond”
Associated General Contractors of Tennessee (AGC), Member, Legal Advisory Committee
Spirit of Construction Foundation, Former Member, Board of Directors; Member, Gala Committee
Allied Construction Industries (ACI), Member, Finance/Insurance Committee
Cincinnati Bar Association, Fee Arbitration Committee
Cincinnati Claims Association, Member
U.S. Law Firm Group, Member
Ohio Association of Civil Trial Attorneys, Member
Potter Stewart Inns of Court, Member/Barrister
Landen Farm Community Services Association, Board of Trustees, President, Member, 2003-2007
Deerfield Regional Storm Water District Advisory Committee, Member, 2005
Winter 2018 – Assured Partners’ CEO/CFO Presentation – Ohio Supreme Court’s Decision re: Construction Defects as an “Occurrence” under Commercial General Liability Policy
Fall 2017 – National Society of Professional Insurance Investigators – Legal Panel, Developments in Tennessee Insurance Law, Moderator
Summer 2017 – National Society of Professional Insurance Investigators – The Use of Social Media in Discovery
Fall 2016 – National Society of Professional Insurance Investigators – Legal Panel, Developments in Tennessee Insurance Law
Fall 2015 – National Society of Professional Insurance Investigators – Legal Panel, Developments in Tennessee Insurance Law
Fall 2015 – Spirit of Construction Gala – Co-Chair
Fall 2014 – USI Midwest/FBT Presentation – Surviving the Challenging Economy and Navigating Construction, Insurance and Surety Issues
Fall 2014 – University of Kentucky – CLE Construction Law Institute – Is a Construction Defect a Covered Occurrence?
Spring 2014 – Tennessee Bar Association – Commercial Leases – Insurance Provisions
Spring 2013 – National Society of Professional Insurance Investigators – Litigation and Legal Holds
Summer 2010 – LOMA Society, Cincinnati – Misrepresentations in Life Insurance Applications
Winter 2009 – Allied Construction Industries/FBT Presentations – Building In A Tough Economy
Winter 2008 – Allied Construction Industries/ABC/AGC/FBT Presentations – AIA/Consensus Docs – New Construction Contracts
Winter 2007 – Allied Construction Industries/FBT Presentations – How To Get Paid/Construction
Winter 2005/2006 – Allied Construction Industries/ABC/AGC/FBT Presentations
Don’t Bet The Company! Insurance, Indemnity and the Big Risks
Fall 2005 – National Society of Professional Insurance Investigators – National Conference, Trying A Fraud Case In The Modern Courtroom
Winter 2004/2005 – Allied Construction Industries/FBT Presentations
Design Build Contracting & Subcontracting/Professional Liability Insurance
Winter 2003, Winter 2004/2005 – Allied Construction Industries/FBT Presentations, Killer Clauses in Construction Contracts
Spring 2000 – Cincinnati Bar Association Presentation, Effective Use of Exhibits in Personal Injury Case.
Note: Peters v. Judicial and Removal Commission: Free Speech and The Appearance of Judicial Impartiality
22 N. Ky. L. Rev. 497 (1995)
Note: Degrella v. Elston, Kentucky’s “Right to Die” Decision – Whose Choice to Live or Die?
58 Kentucky Bench & Bar Journal, No. 4, p. 27 (1994)