Scott G. Johnson
Selected Results*
Obtained judgment as a matter of law at the conclusion of a insurance fraud case tried in federal court.
Obtained summary judgment on behalf of a property insurer in a $45 million asbestos claim, which was affirmed by the Ninth Circuit Court of Appeals in an unpublished opinion available on Westlaw--Federal Ins. Co. v. The Irvine Co., No. 95-56785, 1997 WL 367825 (9th Cir. 1997).
Obtained summary judgment on behalf of a property insurer in a bad faith action where the court found the insurer’s conduct reasonable as a matter of law. The ruling was affirmed by the California Court of Appeal in Carlton v. St. Paul Mercury Ins. Co., 30 Cal. App. 4th 1450, 36 Cal. Rptr. 2d 229 (1994).
Obtained summary judgment on behalf of a property insurer sued in breach of contract and bad faith action on the grounds of the suit limitation clause. The court’s opinion is published-Imperial Resource Recovery Associates, L.P. v. Allendale Mut. Ins. Co., 878 F. Supp. 434 (N.D.N.Y. 1995).
Obtained summary judgment on behalf of a property insurer sued in breach of contract and bad faith action on the grounds of the suit limitation clause. The ruling was affirmed by the California Court of Appeal in an unpublished opinion–Amelco Corp. v. Affiliated FM Insurance Co., Case No. B125902 (Cal. Ct. App., 2nd Appellate Dist. 1999).
Obtained summary judgment on behalf of a property insurer sued in breach of contract on the grounds of the "earth movement" exclusion, which was affirmed by the Ninth Circuit Court of Appeals in an unpublished opinion available on Westlaw - Century Park East homeowners Association v. Northbrook Property and Casualty Ins. Co., No. 00-55401, 2001 WL 1336262 (9th Cir. 2001)
Obtained summary judgment on behalf of a property insurer sued in breach of contract and bad faith action on the grounds that the claimant lacked standing to sue the insurer.
Obtained summary judgment on behalf of two property insurers sued in a negligence action for allegedly approving and designing a fire sprinkler system that accidentally discharged on the grounds that the insurers owed no duty of care to the owner or any third-party.
Obtained summary judgment on behalf of property insurer sued for breach of contract and bad faith in a multi-million dollar mold remediation claim on the grounds that the insured's loss manifested before and was a loss-in-progress at the time the insurer's policy coverage began.
Obtained summary judgment on behalf of property insurer sued for breach of contract and bad faith on the grounds that the plaintiff was not an insured under the insurance policy.
Obtained summary judgment on behalf of a liability insurer sued in breach of contract and bad faith action on the grounds that the insurer did not have a duty to defend or indemnify the insured based on various provisions of the policy.
Obtained summary judgment on behalf of a product manufacturer in more than five different cases, all on the grounds that the undisputed facts demonstrated the manufacturer’s product was not defective.
Recovered in excess of $4.25 million on behalf of the City of Anaheim, several property insurers, FEMA, and the State of California Office of Emergency Services in subrogation action arising out of the collapse of the scoreboard and a portion of the roof at Anaheim Stadium.
Recovered $1 million on behalf of Kraft General Foods and its property insurer in subrogation action arising out of fire at a cheese processing plant.
Recovered approximately $900,000 on behalf of a property insurer in subrogation action arising out of the rupture of a sprinkler system at the Santa Monica Place Mall.
Bar Admissions
- California
- Minnesota
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Minnesota
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of California
Education
- William Mitchell College of Law, J.D., magna cum laude (1986)
- Winona State University, B.S., magna cum laude
Books and Articles
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Applying the Attorney-Client Privilege to Investigations Involving Attorneys: What is Fair Game in Discovery?
Attorney-Client Privilege in Civil Litigation (3d ed. A.B.A. 2004) (with David E. Bland and Elisabeth M. Will)
(2004)
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Resolving Ambiguities in Insurance Policy Language: The Contra Proferentem Doctrine and Use of Extrinsic Evidence
The Brief, American Bar Association
(Winter 2004)
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The August 2003 Blackout and Insurance Coverage for Power Outage Losses
39 Tort Trial & Ins. L.J. 813, Spring 2004 (with Amy M. Churan)
(Spring 2004)
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Blackout and Insurance Coverage for Power Outage Losses
Tort Trial and Insurance Practice Law Journal
(Volume 39, Number 3, Spring 2004)
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Resolving Ambiguities in Insurance Policy Language: The Contra Proferentem Doctrine and The Use of Extrinsic Evidence
(May 2003)
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A Misrepresentation of Fact May Estop an Insurer From Relying on the Suit Limitation Defense
Journal of Insurance Coverage
(Summer 2002)
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Insurance Coverage for Power Outage Losses
Journal of Insurance Coverage
(Autumn 2001)
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Ten Years After Prudential-LMI
Journal of Insurance Coverage
(Winter 2001)
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The Suit Limitation Defense in California: Ten Years After Prudential-LMI
3 J. Ins. Coverage 47 , Winter 2001
(2001)
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California Property Insurance: A Millennium Overview-Coverage, Bad Faith and Subrogation Concepts
Robins, Kaplan, Miller & Ciresi L.L.P. (2000) (with Patrick E. Shipstead)
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Sue and Labor Coverage for Year 2000 Remediation Expenses
13 John Liner Rev. 85 (Winter 2000) (with David E. Bland and Patrick E. Shipstead)
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The Efficient Proximate Cause Doctrine in California: Ten Years After Garvey
Journal of Insurance Coverage
(Autumn 1999 )
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Damage Control: Sue and Labor Clauses Will Generally Not Cover Y2K Remediations
L.A. Daily Journal (October 21, 1999)
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Is There Sue and Labor Coverage for Year 2000 Remediation Expenses
GenRe’s Year 2000 Newsletter
(September 1999)
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Applying the Attorney-Client Privilege in Civil Litigation: Protecting and Defending Confidentiality
(A.B.A. 1997)
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The Suit Limitation Provision and the Equitable Tolling Doctrine
30 Tort and Ins. L.J. 1015 (A.B.A. 1995)
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Recovery Under the Policy vs. Recovery in Court: Damages Recoverable in Subrogation Actions
Property Insurance Subrogation From A to Z (A.B.A. 1991)
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Subrogation Investigations Involving Attorneys: Attorney-Client Privilege and Work Product Concerns When Attorneys Investigate
The Attorney-Client Privilege Under Siege (A.B.A. 1989)
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Factual and Legal Basis for Rescission of Reinsurance Contracts
1988
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A Qualified Privilege for Defamatory Nontestimonial Communications made in the Course of Petitioning
[In re IBP Confidential Business Documents Litigation, 755 F.2d 1300 (8th Cir. 1985)], 12 Wm. Mitchell L. Rev. 769 (1986)
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Selected Speeches
Absolute Exclusions: Is There a Chink in the Armor? :
The Property Insurance Perspective,” PLRB/LIRB 2004 Claims Conference, Chicago, Illinois (March 16-17, 2004) Resolving Ambiguities in Insurance Policy Language: The Contra Proferentem Doctrine and The Use of Extrinsic Evidence
Making and Breaking The Property Insurance Contract, Property Insurance Law Committee,Tort Trial & Insurance Practice Section, American Bar Association, Chicago, Illinois (May 19, 2003) Practicalities of Handling the Mold Claim
PLRB National Mold Symposium, Charlotte, North Carolina (May 6-7, 2002 and October 29-30, 2001) (with Terrence R. Joy) - Fundamentals of Insurance Litigation
Continuing Education of the Bar, Irvine, California (April 27-28, 2001)
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