Scott C. Hecht

Scott is the leader of the firm's Insurance practice group. He advises clients about insurance issues and litigates insurance and employee benefits disputes. Executive liability insurance policies (Directors & Officers, Errors & Omissions, Employment Practices, and Fiduciary) are Scott’s primary focus, but he also has significant property/business interruption, general liability, and pollution liability experience. Scott also has substantial experience defending ERISA claims involving both pension and welfare benefit plans. Those claims include claims for benefits, breach of fiduciary duty and retaliation/interference, as well as all manner of litigation concerning the structure, administration and funding of employee benefit plans. Scott has ample class action experience. He has litigated cases in federal judicial districts throughout the Midwest and defended appeals in the United States Courts of Appeals for the Seventh, Eighth and Tenth Circuits.

Representative Experience

Insurance Litigation and Counseling

• Ongoing representation of corporate policyholders concerning acquisition of necessary insurance coverage, tailoring policies to suit policyholder needs by drafting manuscript policies and endorsements, dealing with day-to-day policy compliance, policyholder/insurer relationship management and coverage issues, and providing insurance-related transactional support.
• Ongoing representation of a major group of insurance companies in disputes involving primary and excess D&O, E&O, EPL and Fiduciary Liability insurance policies. Examples include Highwoods Prop., Inc. v. Executive Risk Indem. Inc., 407 F.3d 917 (8th Cir. 2005), involving the successful defense of a multi-million dollar claim on a directors and officers liability insurance policy based on a “related claims” issue, and May Dept. Stores Co. v. Federal Ins. Co., 305 F.3d 597 (7th Cir. 2002), involving the successful defense of a $50 million claim on an ERISA fiduciary liability policy based on a “benefits due” exclusion.
• Representation of public energy company with respect to D&O insurance and indemnification issues occasioned by alleged multi-million dollar embezzlement by CEO and CFO leading to SEC and state securities commission investigations, criminal prosecutions, and multiple shareholder securities class actions and derivative actions.
• Representation of public technology company with respect to D&O liability insurance and indemnification issues occasioned by SEC investigation and derivative action based on CEO's alleged use of corporate assets for personal purposes.
• Securing $1.4 million judgment by one insurer against another, based on a contribution claim under a D&O policy.
• Successful prosecution and resolution of lawsuit against group of property insurers that denied coverage for property/business interruption insurance claims by a refinery suffering in excess of $100 million in losses relating to a catastrophic flood.
• Representation against group of property insurers that denied coverage to public utility in American Samoa suffering in excess of $50 million in losses from a series of earthquakes and tsunamis.

Class Action Defense: Insurance and ERISA

• Successful resolution of a putative class action alleging that liability insurers, in “duty to defend” context, hired conflicted defense counsel that defended litigation in a way to result in coverage denials.
• Representation of public telecom companies in class action alleging improper modification/ termination of retiree health, prescription drug and life insurance benefits in violation of ERISA.
• Representation of public healthcare information tech company in ERISA class action alleging improper reimbursement by health plan of out-of-network provider claims.
• Successful resolution of a nationwide class action involving claims of interference in violation of ERISA § 510.
• Successful resolution of a putative ERISA class action alleging that health insurer charged co-pays in excess of those allowed by law.

ERISA Litigation Defense

• Judgment for defense after trial of ERISA retaliation claim against a check printing company.
• Winning summary judgment in case concerning allegations of breach of fiduciary duty under ERISA by ESOP trustees and corporate management in the context of a corporate control struggle after two TRO hearings and week-long preliminary injunction hearing.
• Settlement of civil case and proceeding brought by United States Department of Labor in connection with misappropriation of plan assets of over $1 million.
• Summary judgment granted on behalf of various welfare benefit plans and sponsors, including claims involving denial of life insurance and long-term disability benefits.

Education

Community Involvement

Bar Admissions

Recognitions