 | Scott G. Johnson
Robins, Kaplan, Miller & Ciresi L.L.P.
2800 LaSalle Plaza, 800 LaSalle Avenue
Minneapolis, MN 55402
612-349-8500 (firm)
612-339-4181 (fax)
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Practice Groups
Experience
- Focuses on providing insurance and reinsurance coverage advice and on coverage and bad faith litigation.
- Has written many coverage opinions and has handled numerous coverage disputes under first-party and third-party
insurance policies involving claims arising from fire, explosion, earthquake, equipment breakdown, flood, and other losses.
- Has litigated disputes concerning various policy exclusions, limitations of liability, suit limitation provisions,
statute of limitations, business interruption claims, the duty to defend, loss-in-progress, among others. Has also handled
numerous appeals in several federal circuits and states.
Selected Results*
- Asael Farr & Sons Co. v. Truck Ins. Exch., 193 P.3d 650 (Utah Ct. App. 2008) (affirming summary judgment in
favor of property insurer on insured's claim to recover more than $25,000 limitation of liability for product contamination
losses)
- Seminis, Inc. v. Factory Mutual Ins. Co., No. CV 07-1979 GAF (FMOx) (C.D. Cal. Aug. 7, 2008) (granting partial
summary judgment in favor of property insurer finding that vegetable plants grown in open fields for research purposes were
growing crops within the meaning of the growing crops exclusion).
- Miletich v. Travelers Property & Cas. Ins. Co., No. D048409, 2007 WL 4395702 (Cal. Ct. App. Dec. 18, 2007) (jury
trial with verdict finding insured's loss excluded by deterioration exclusion and subsequent appeal affirming summary
judgment on insured's bad faith claim on grounds that jury's subsequent determination that there was no coverage for
insured's claim meant that insurer could not have acted in bad faith as a matter of law).
- Penton Media, Inc. v. Affiliated FM Ins. Co., 245 Fed. Appx. 495, 2007 WL 2332323 (6th Cir., Aug. 15, 2007)
(affirming summary judgment granted to property insurer in 9/11 business interruption claim based on FEMA takeover of Jacob
Javits Center).
- Clark County v. Factory Mut. Ins. Co., No. CV-s-02-1258-KJD (D. Nev., March 28, 2005) (granting summary judgment
in favor of insurer in claim by owners of McCarran International Airport for business interruption losses arising out of
FAA shutdown of airports after 9/11 attack).
- Todd Shipyards v. Westport Ins. Corp., 111 Fed. Appx. 534 (9th Cir. 2004) (affirming summary judgment in favor
of property insurer based on suit limitation provision in Nisqually earthquake claim).
- Lockheed Martin v. RFI, 118 Fed. Appx. 122 (9th Cir. 2004) (affirming summary judgment in favor of research
company on third-party claim based on alleged negligent approval of third party's product).
- Factory Mut. Ins. Co. v. Estate of James Campbell, 81 Fed. Appx 918 (9th Cir. 2003) (affirming summary judgment
in favor of property insurer in mold damage case on grounds that mold growth was a loss-in-progress when insurer came on
the risk).
- Fagelbaum v. Travelers Prop. Cas. Ins. Co., 56 Fed. Appx 841 (9th Cir. 2003) (affirming summary judgment in
favor of property insurer in jewelry theft claim on grounds that policy unambiguously limited coverage for unscheduled
jewelry to $1,500).
- Nama v. Bland, No. G027124, 2002 WL 27223 (Cal. Ct. App., Jan. 10, 2002) (affirming summary judgment in favor of
sellers of home who were sued for fraud for failing to disclose alleged defects in house sold to plaintiff).
- Whiteside v. Florist's Mut. Ins. Co., 23 Fed. Appx. 815 (9th Cir. 2001) (affirming summary judgment to liability
insurer on breach of contract claim, finding no duty to defend).
- Century Park East Homeowners Ass'n v. Northbrook Prop. & Cas. Ins. Co., 21 Fed. Appx. 708 (9th Cir. 2001)
(affirming summary judgment in favor of property insurer, holding that earth movement exclusion precluded coverage for
sinking of insured's floor slab).
- Pacific Ins. Co. v. Kent, 120 F. Supp. 2d 1205 (C.D. Cal. 2000) (granting summary judgment to property insurer
and insurer's agent that were sued for breach of contract, bad faith, negligence, and emotional distress).
- Amelco Corp. v. Affiliated FM Ins. Co., Case No. B125902 (Cal. Ct. App., 2nd Appellate Dist. 1999) (affirming
summary judgment on behalf of a property insurer sued in breach of contract and bad faith action on the grounds of the suit
limitation clause).
- Adele Sheets v. Chubb & Son, Inc., No. 94-5246 RMT (JRx) (C.D. Cal. Sept. 1998) (obtained judgment as a matter
of law for property insurer at the conclusion of trial based on insured's material misrepresentations and concealments).
- Federal Ins. Co. v. The Irvine Co., No. 95-56785, 1997 WL 367825 (9th Cir. July 2, 1997) (affirming summary
judgment on behalf of a property insurer in insured's claim for cost to remove asbestos from seven commercial buildings
based on statute of limitations).
- EOTT v. Storebrand Int'l Ins. Co., A/S, 45 Cal. App. 4th 565, 52 Cal. Rptr. 2d 894 (Cal. Ct. App. 1996)
(reversing grant of summary judgment, holding that 653 thefts of diesel fuel could constitute a single occurrence under
property insurance policy if they were committed pursuant to a common plan or scheme).
- Imperial Resource Recovery Associates, L.P. v. Allendale Mut. Ins. Co., 878 F. Supp. 434 (N.D.N.Y. 1995)
(granting property insurers motion for summary judgment on grounds that plaintiffs' action was barred by the policy's
one-year suit limitation provision)
- Carlton v. St. Paul Mercury Ins. Co., 30 Cal. App. 4th 1450, 36 Cal. Rptr. 2d 229 (1994) (affirming summary
judgment to auto insurer in a bad faith and breach of contract case, finding that insurer's conduct was reasonable as a
matter of law)
- Gordon Food Serv., Inc. v. Grand Rapids Material Handling Co., 183 Mich. App. 241, 454 N.W.2d 137 (1989)
(reversing trial court's order denying subrogation defendant's motion to join property insurer as a party plaintiff)
- Johnson Bros. Corp. v. Rapidan Redevelopment Ltd. Partnership, 423 N.W.2d 725 (Minn. Ct. App. 1988) (affirming
grant of partial summary judgment to party finding that a $100,000 deductible should have been applied to Rapidan's claim
under force majeure insurance policies)
* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and
does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon
their own unique fact situation and applicable law.
Civic Associations
- Winona State University Foundation
Bar Admissions
- California
- Minnesota
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Colorado
- U.S. District Court, Eastern District of California
- U.S. District Court, Minnesota
- U.S. District Court, Northern District of California
- U.S. District Court, South Dakota
- U.S. District Court, Southern District of California
- U.S. District Court, Western District of Wisconsin
Education
- William Mitchell College of Law, J.D., magna cum laude (1986)
- Winona State University, B.S., magna cum laude (1982)
See Library Tab for articles, publications and presentations
by Scott Johnson
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Scott Johnson News
Articles
- Recent
Developments In Insurance Coverage Litigation First-Party Property Insurance Litigation: The Meaning of "Physical
Loss or Damage"
Tort Trial & Insurance Practice Law Journal; Winter 2011; Section V (pages 443-448) (Winter 2011)
- Insurance Coverage for
Building Code Upgrades
Tort Trial & Insurance Practice Law Journal (Vol. 44:3-4) (Spring/Summer 2009)
- Applying the Attorney-Client Privilege to Investigations Involving Attorneys: What is Fair Game in Discovery?
The Attorney-Client Privilege in Civil Litigation (4th ed. A.B.A. 2008) Tort Trial & Insurance Practice Section
- Applying the Attorney-Client Privilege to Investigations Involving Attorneys: What is Fair Game in Discovery?
Attorney-Client Privilege in Civil Litigation (3d ed. A.B.A. 2004) (with David E. Bland and Elisabeth M. Will)
(2004)
- Resolving Ambiguities in Insurance Policy Language: The Contra Proferentem Doctrine
and Use of Extrinsic Evidence
The Brief, American Bar Association (Winter 2004)
- The August 2003 Blackout and Insurance Coverage for Power Outage Losses
39 Tort Trial & Ins. L.J. 813, Spring 2004 (with Amy M. Churan) (Spring 2004)
- Blackout and
Insurance Coverage for Power Outage Losses
Tort Trial and Insurance Practice Law Journal (Volume 39, Number 3, Spring 2004)
- Resolving Ambiguities in Insurance Policy Language: The Contra
Proferentem Doctrine and The Use of Extrinsic Evidence
(May 2003)
- A Misrepresentation of Fact May Estop an Insurer From Relying on the Suit Limitation Defense
Journal of Insurance Coverage (Summer 2002)
- Insurance Coverage for
Power Outage Losses
Journal of Insurance Coverage (Autumn 2001)
- Ten Years After Prudential-LMI
Journal of Insurance Coverage (Winter 2001)
- The Suit Limitation Defense in California: Ten Years After Prudential-LMI
3 J. Ins. Coverage 47 , Winter 2001 (2001)
- California Property Insurance: A Millennium Overview-Coverage, Bad Faith and Subrogation Concepts
Robins, Kaplan, Miller & Ciresi L.L.P. (2000) (with Patrick E. Shipstead)
- Sue and Labor Coverage for Year 2000 Remediation Expenses
13 John Liner Rev. 85 (Winter 2000) (with David E. Bland and Patrick E. Shipstead)
- The Efficient Proximate Cause Doctrine in California: Ten Years After Garvey
Journal of Insurance Coverage (Autumn 1999 )
- Damage Control: Sue and Labor Clauses Will Generally Not Cover Y2K Remediations
L.A. Daily Journal (October 21, 1999)
- Is There Sue and Labor Coverage for Year 2000 Remediation Expenses
GenRe’s Year 2000 Newsletter (September 1999)
- Applying the Attorney-Client Privilege in Civil Litigation: Protecting and Defending Confidentiality
(A.B.A. 1997)
- The Suit Limitation Provision and the Equitable Tolling Doctrine
30 Tort and Ins. L.J. 1015 (A.B.A. 1995)
- Recovery Under the Policy vs. Recovery in Court: Damages Recoverable in Subrogation Actions
Property Insurance Subrogation From A to Z (A.B.A. 1991)
- Subrogation Investigations Involving Attorneys: Attorney-Client Privilege and Work Product Concerns When Attorneys
Investigate
The Attorney-Client Privilege Under Siege (A.B.A. 1989)
- Factual and Legal Basis for Rescission of Reinsurance Contracts
1988
- A Qualified Privilege for Defamatory Nontestimonial Communications made in the Course of Petitioning
[In re IBP Confidential Business Documents Litigation, 755 F.2d 1300 (8th Cir. 1985)], 12 Wm. Mitchell L. Rev. 769
(1986)
Selected Speeches
- Absolute Exclusions: Is There a Chink in the Armor?
"The Property Insurance Perspective," PLRB/LIRB 2004 Claims Conference, Chicago, Illinois (March 16-17, 2004)
- Resolving Ambiguities in Insurance Policy Language: The Contra Proferentem Doctrine and The Use of Extrinsic
Evidence
Making and Breaking The Property Insurance Contract, Property Insurance Law Committee,Tort Trial & Insurance
Practice Section, American Bar Association, Chicago, Illinois (May 19, 2003)
- Practicalities of Handling the Mold Claim
PLRB National Mold Symposium, Charlotte, North Carolina (May 6-7, 2002 and October 29-30, 2001) (with Terrence R. Joy)
- Fundamentals of Insurance Litigation
Continuing Education of the Bar, Irvine, California (April 27-28, 2001)
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