Brian S. Scarbrough is a co-chair of the firm's Insurance Recovery and Counseling Practice. He represents corporate policyholders in disputes with insurers and has significant experience both in counseling regarding insurance coverage and in litigating insurance coverage disputes. He successfully has pursued hundreds of millions of dollars of insurance recoveries for policyholders in state and federal court as well as in domestic and international arbitrations.
In a counseling role, Brian frequently reviews existing or proposed policy language to help policyholders maxmize coverage, including presenting to corporate boards regarding insurance coverage. Mr. Scarbrough has undertaken policy reviews both for renewal programs and in placing new programs of insurance, including for spun-off entities, at the primary, excess and umbrella layers. Such counseling has included all major types of coverage, both occurrence-based and claims made, and both first party and third party, for example: D&O (including Side A only and difference in conditions), E&O, professional liability, investment management liability, employment practices liability, environmental, CGL and products liability, Bermuda Form, cyber liability and data breach response, commercial property, trade credit, commercial crime, funds transfer fraud, social engineering and punitive damage wrap policies. Brian also counsels on insurance issues raised by cryptocurrencies, Initial Coin Offerings, blockchain and other distributed ledger technologies.
In a litigation role, Brian has tried insurance cases to summary judgment or jury verdict in state and federal courts nationwide at the trial and appellate levels. This includes cases involving large environmental liabilities with multiple primary and excess insurers, claims handling practices, the duty to defend, D&O liabilities, Chinese drywall liabilities, commercial property and business interruption loss. As an example, he litigated complex issues of contribution, offset, settlement credits and all sums versus pro rata allocation. Brian also has tried insurance cases to final merits decisions in domestic and international arbitrations, including London arbitrations under Bermuda Form policies, and mediated insurance coverage disputes to successful resolution. Brian has extensive experience with London Market insurance, including schemes of arrangement under UK law. He also has negotiated and drafted numerous settlement agreements with insurers, ranging from thousands of dollars to hundreds of millions of dollars, and including commutation agreements, policy buy backs and coverage in place agreements. Brian has litigated reinsurance disputes, including reinsurance arbitrations, and has both counseled and litigated as to captive insurance issues.
Outside of the insurance context, Mr. Scarbrough has broad experience obtaining discovery in the United States under 28 U.S.C. Section 1782 for use in foreign litigation and arbitration.
Brian serves as an updating author to the firm treatise Directors and Officers Liability: Prevention, Insurance and Indemnification, has presented at leading insurance seminars and has authored or co-authored numerous insurance articles and updates. He regularly contributes to Law360 and other publications on decisions, trends and challenges regarding insurance recovery.