Scott Schwartz
Scott focuses on representing international and domestic insurers and reinsurers in investigating claims, developing coverage analyses, and litigating coverage disputes. He has extensive experience addressing coverage issues from multiple angles and experience regarding complex electronic discovery issues that often arise in commercial litigation, as well as experience responding to government requests for information and investigations. Scott has given advice related to various types of policies, including directors & officers policies, professional liability policies, employment practices liability policies, property and casualty policies, representation and warranty policies, and financial institution bonds.
Scott graduated from University of Virginia law school and clerked for the U.S. District Court for the Eastern District of Virginia.
Representative Matters
Representative matters on which Scott served as counsel include insurance claims arising from:
- Alleged Embezzlement by a CFO and the breach of the implied covenant of good faith and fair dealing in New York
- Delaware corporate transactions, including mergers and take-private transactions
- Losses arising from the 2008 subprime crises and ensuing credit crunch
- Alleged chemical damage at factory in upstate New York
- Settlement of a derivative action in New York for Chinese based company
- Computer crime coverage for social engineering losses
- Purported losses of a warehouse lender due to fraudulent of improperly described mortgages.
- Alleged patent infringement
- Asset purchase between two German companies, seeking over $1.3 billion in losses
- Alleged violation of New York labor statutes, discrimination based on gender and national origin, and retaliation
Scott has also represented insurers and non-insurers in general commercial litigation, including:
- Subrogation action to recover assets from alleged fraudsters in Nigeria
- Insurance broker in litigation New York related to policies issued for risks Afghanistan
- Defamation action in New York state court
- Large scale corporate investigation into antitrust allegations, with over 200 document reviewers
Education
University of Virginia School of Law, J.D.
Dartmouth College, B.A., Biology, Cum Laude
Licenses
New York
Publications
The Hapless Ecosystem: A Federalist Argument in Favor of an Ecosystem Approach to the Endangered Species Act, 95 Va. L. Rev. 1325 (Sept. 2009)
The possession and control requirement for third party losses under fidelity bonds, Lexology (Oct. 5, 2015) (with Edward Kirk)
Interplay between the adverse interest rule and misrepresentations in the fidelity bond application, Lexology (Oct. 31, 2016)
Contractual Limitations Periods in Fidelity Bonds: When Can Suit Be Filed?, Fidelity Law Journal, 2020
Second Circuit Rules that Crime Policy’s Suit Limitation Provision Bars Breach of Implied Covenant Claim, Lexology (Dec. 28, 2022)
Breaching Bad: Bad Faith Insurance Claims and Standards Across the United States, 68 N.Y.L. Sch. L. Rev. 9 (2023–2024).
Professional and Volunteer Organizations
Scott has spoken on insurance issues at conferences for the New York State Bar Association and the Fidelity Law Association. His pro bono work has focused on aiding an environmental non-profit with its contracts and licensing agreements.