Scott C. Hecht

Experience

Policyholder Insurance Counseling & Advice

Ongoing insurance representation of corporate policyholders, concerning:

• Business insurance program structure, policy placement and renewal.
• Drafting manuscript policies and endorsements to address unique exposures.
• Policy compliance, policyholder/insurer relationship management and coverage issues related to underlying lawsuits and first-party losses.
• Insurance-related support in M&A transactions and contracts.
• Financial distress, including receiverships and bankruptcies.

Policyholder Insurance Recovery—Claims and Litigation

• Prosecuted and resolved a lawsuit against property insurers that denied coverage for claim by a refinery suffering in excess of $100 million in losses relating to a catastrophic flood.
• Prosecuted and resolved a lawsuit against property insurers that refused to pay policy limits to a public utility in respect of over $70 million in losses caused by a series of earthquakes and tsunamis.
• Resolved before litigation a multimillion dollar claim against a property insurer for business interruption losses arising from a mass shooting incident.
• Prosecuted a lawsuit and secured summary judgment in favor of a public company food industry client against a pollution liability insurer that refused to provide coverage for bodily injury lawsuits arising from air pollution event.
• Prosecuted a lawsuit on behalf of a pet food ingredient supplier against a general liability insurer that refused to provide insurance coverage for pet food contamination claim; secured summary judgment against insurer in case of first impression under North Carolina law and favorable settlement for amount in excess of policy limits.
• Resolved a multimillion dollar claim under product contamination/recall policy concerning losses related to pathogen contamination of food products.
• Represented public energy company with respect to D&O insurance and indemnification issues occasioned by alleged multimillion 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.
• Represented a 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.
• Resolved before litigation a claim against a professional liability insurer involving multimillion dollar claim arising from alleged error in NAV calculation pertaining to an ETF.
• Secured coverage under fiduciary liability insurance policy for multimillion dollar settlement of consolidated class and mass actions alleging improper modification/termination of retiree welfare benefits in violation of ERISA.
• Helped secure approximately $170,000,000 in insurance proceeds as insurance coverage counsel to the unsecured creditors committee in the bankruptcy of the Roman Catholic Archdiocese of Saint Paul and Minneapolis.

News

Speaking Engagements

Presentation, "Business Insurance for Employee Benefits Attorneys: Fiduciary Liability Insurance and More," Minnesota State Bar Association, Employee Benefits Section, Minneapolis, MN, June 2022

Insurance Issues in Commercial Lending Banking Seminar, Stinson LLP, December 2019

Panelist, "Crisis Management and Response," GRC Roundtable Series, Interlachen Country Club, Minneapolis, MN, November 2019

Panelist, "Are Two Policies Better Than One?," American College of Coverage Counsel Annual Meeting, Chicago, IL, May 2018

Panelist, "Crisis Management and Response," Heartland GRC Roundtable Series, Mission Hills, KS, April 2018

Presentation, "Untangling the Knot of Indemnity and Insurance in Construction Contracts," December 2016, Stinson LLP, Construction Litigation Seminar

Presentation, "Representations & Warranties Insurance," American College of Coverage & Counsel Annual Meeting, Chicago, IL, May 2016

Panelist, "D&O Insurance and Indemnification," Women Corporate Directors Institute, Kansas City Chapter, May 2016

Presentation, "The Yates Memo: D&O Indemnification and Insurance Problems and Solutions", Stinson LLP, Directors' Institute and Proxy Season Workshop, November 2015

Presentation, "Representations & Warranties Insurance," Stinson LLP, seminar on "Hot Topics in Insurance Law," September 2015

Presentation, "Selected Insurance Issues Relevant in Commercial Lending," April 2015

Panelist, "Cyber Insurance: Perspectives from the Insurer, Broker, and Counsel," Stinson LLP, March 2015

Presentation, "Cyber Insurance: From Nice to Necessity," Stinson LLP Business Law Update, February 2015

Presentation, "Business Liability Insurance Basics: Scope and Recurring Issues," Stinson LLP, January 2015

Publications

Scott is a founder of, and primary contributor to, Biz Ins. & Outs, a blog dedicated to providing practical advice and useful information concerning business insurance. See http://bizinsandouts.com/

"Mo’ Coverage Mo’ Problems: Allocation and Related Complications When Multiple Types of Liability Insurance Apply to a Single Lawsuit," American College of Coverage Counsel Annual Meeting, Chicago, IL, May 2018