Scott L. Davis is the Co-Chair of the Litigation Group at Gardere, Head of the Insurer Representation Group, and has been a partner of the Firm since 1995.
Scott has decades of experience assisting his clients in finding business solutions to business risks. This includes successfully litigating business disputes throughout Texas, in more than 20 other jurisdictions in the United States and internationally in Europe and Asia. Scott also has significant appellate experience, arguing multiple times before the Fifth, Sixth, and Ninth Circuits and state appellate courts in both Texas and New York. Scott’s breadth of experience includes insurance coverage and bad faith, environmental disputes including CERCLA recovery actions, aviation crashes, mass torts, professional malpractice, oil and gas, bankruptcy adversary proceedings, partnership disputes, securities fraud, D&O claims, commercial mortgage-backed securities litigation, and surety claims. Scott has often been hired to handle cases with less than 90 days remaining before trial when cases have developed adversely.
What the varied matters Scott has handled all have in common is high degrees of both complexity and business risk. With this experience, Scott partners with his clients to strategically guide them through the evaluation and resolution of novel legal issues. Scott focuses especially on developing customized strategies for identifying, assessing, and mitigating potential loss exposures.
As an example, in 2012 and 2013, Scott and his team conducted the first-ever comprehensive reserving analysis of a particular book of claims for one of the world’s largest insurance companies. Combining analytics with legal expertise, Scott helped his client develop new reserving methods to better estimate potential losses. Scott led his team in not only helping reset and stabilize the reserves on currently pending claims in this particular segment of the client’s business, but also in developing an entirely new reserving protocol that has been used as a model for other parts of the company. In addition, Scott and his team developed loss-mitigation strategies for many of the largest risks, and Gardere continues to assist the client in the implementation of those strategies. Those strategies include subrogation claims, reinsurance recoveries, policy buybacks, asset sales, regulatory relief, and real estate workouts, resulting in material savings to the client.
Other Court Admissions — U.S. Supreme Court
U.S. District Courts for the Eastern, Northern, Southern and Western Districts of Texas
U.S. District Court for the District of Colorado
U.S. Court of Appeals for the Sixth and Ninth Circuits
— Scott represented AIG Specialty Insurance Company in a coverage lawsuit in a Texas federal court against Tesoro Corporation and its subsidiary, Tesoro Refining and Marketing (Tesoro Refining). Tesoro Refining is the owner and former owner, respectively, of a refinery and wharf in the San Francisco Bay area subject to remediation orders. AIG Specialty had issued an environmental policy to Tesoro Corporation under which Tesoro Refining sought coverage for the two sites. Scott navigated his client through the litigation process and ultimately secured a summary judgment ruling and a final judgment confirming that AIG Specialty had no coverage obligation to either Tesoro Refining or Tesoro Corporation in connection with the remediation.
Scott represented an insurer as subrogee in two separate CERCLA proceedings against the United States. The insurer issued a specialty lines environmental pollution policy to a former military ordnance manufacturer. The insurer sought contribution for response/clean-up costs that it paid on its insured’s behalf in connection with the clean-up of two different manufacturing sites. The insurer is one of the first to successfully bring a CERCLA subrogation action under section 9612 of CERCLA in the Ninth Circuit, which decided a question of first impression with a holding that limits insurers’ rights to seek recovery under CERCLA.