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Scott N Godes

Scott N Godes

Practice areas:

Insurance, Lawsuits & Disputes

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About Me

Scott Godes is an experienced trial lawyer who litigates complex insurance coverage disputes. He helps corporate policyholders recover insurance when their claims have been denied by their insurance companies. Mr. Godes received a decisive victory as lead counsel in a four-month asbestos-related insurance coverage class action trial that found insurance coverage was available for ~20,000 pending asbestos claims. Mr. Godes has helped clients recover over $800 million in insurance proceeds.


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Mr.
Godes has represented a variety of clients seeking to obtain insurance
coverage from their insurance companies.  Mr. Godes' coverage experience ranges from directors and officers (D&O) insurance questions to the scope of manuscript technology liability policies through long tail liability claims (such as asbestos and PCBs) under standard form CGL policies.


 


He received a decisive victory
as lead counsel in a landmark four-month asbestos-related insurance
coverage class action trial. In that case, the policyholder’s insurance
companies asserted that they had paid out their aggregate limits for
all of the policyholder’s asbestos-related claims, and therefore, owed
no additional coverage. The Supreme Court of New York disagreed with
the insurance companies, ruling decisively against the primary and
“wrap up” insurers, finding that there was premises/operations
(“non-products”) coverage for the claims under the policies. That case
was the first asbestos non-products coverage case resolved favorably
against the insurers after a full trial on the merits. The case also
favorably resolved a number of other critical issues, including notice,
number of occurrences, and the statute of limitations.


 


Mr. Godes also has represented policyholders in declaratory judgment
insurance coverage actions, insurance-related bankruptcies and
adversary actions, insurer rehabilitation actions, and commercial
arbitrations. He has litigated and advised clients regarding insurance
coverage for computer data, hardware, and software claims; mass tort
liabilities; potential director and officer claims; asbestos claims;
environmental property damage; flood claims; and class actions. He also
has been instrumental in claims that have settled for more than $800 million in insurance
coverage.


 


In addition to his insurance coverage experience, Mr. Godes has
litigated complex commercial and government contract disputes and
business-related torts. He has represented clients before state and
federal courts, in administrative proceedings, and in commercial
arbitrations.


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Photos and Videos

685309 1297799881

685309 1297799907

Practice Areas

Licensed since 1998

  1. Lawsuits & Disputes: 50%
    17 years
  2. Insurance: 50%
    15 years

Attorney Endorsements

1 total

  • Noam B Fischman

    I have known Scott for many years. I have always founds his counsel to be well conceived, deliberate, and enlightening. I strongly endorse his work.

    More 

    Noam Fischman Lawsuits & Disputes Attorney
    Relationship: Fellow lawyer in community

Contact Info

Barnes & Thornburg

1717 Pennsylvania Avenue, NW
Washington, DC, 20006

Resume

License
StateStatusAcquiredUpdated
PAActive200004/24/2015
DCActive 199907/18/2014
MAActive199804/14/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
Who's Who Among Executives and ProfessionalsWho's Who Among Executives and Professionals2010
Top 50 Insurance Blogs for 2009LexisNexis2010
Cambridge Who's WhoCambridge Who's Who2008
Madison Who's WhoMadison Who's Who, MWW Publishing2008
Co-Chair, Computer Technology Subcomm.American Bar Association2008
Letter of CommendationOffice of the Chief Attorney (Acquisition), Department of the Army1997

Work Experience
TitleCompany NameDuration
PartnerBarnes & Thornburg2013 - Present
CounselDickstein Shapiro LLP2008 - Present
AssociateDickstein Shapiro LLP2006 - 2007
Gilbert Randolph LLP2001 - 2006
In-house counselFindLaw, Inc.2000 - 2001
DLA Piper1998 - 2000
Law ClerkDLA Piper1997 - 1998
Summer AssociateDLA Piper1997 - 1997
Legal InternOffice of the Chief Attorney, Department of the Army1996 - 1997
Baker & McKenzie, LLP1994 - 1995

Associations
Association NamePosition NameDuration
Pennsylvania Bar AssociationMember2000 - Present
District of Columbia BarMember1999 - Present
American Bar AssociationMember1998 - Present
Massachusetts Bar AssociationMember1998 - Present
American Bar Association, Litigation Section, Insurance Coverage Litigation Committee, Computer Technology SubcommitteeCo-chairN/A

Legal Cases
Case NameOutcome
Continental Casualty Co. v. Employers Insurance Co. of WausauComplete victory for class of ~20,000 defendants.
Continental Casualty Co. v. Employers Insurance Co. of WausauComplete victory for ~20,000 claimants.
Matter of Omniplex World Services CorporationDenial of government contract bid protest.

See all Legal Cases 

Publications
Publication NameTitleDate
Dickstein Shapiro Alert“Recent Epsilon Data Breach Highlights Necessity for Understanding and Pursuing Insurance Coverage for Data Breaches”2011
Lexis Insurance Law CenterInsurance Coverage for Denial-of-Service Attacks2011
Corporate Board Member Magazine“Is Your Company Prepared for Cyber Risk?”2011
DoSAttacks.comInsurance Coverage for Denial-of-Service Attacks2011
Blog NotionsInsurance Coverage for Denial-of-Service Attacks2011
Core CompassInsurance Coverage for Denial-of-Service Attacks2011
Strategize MagazineAt Risk: Insurance Coverage for Cyber Security and Data Breaches2010
HB Litigation ConferencesHigh School Laptop Privacy Controversy Triggers Coverage Debate2010
Lexis Nexis Publishing2010 Edition of New Appleman Insurance Law Practice Guide - Chapter 44 Understanding Intellectual Property Insurance2010
Lexis Nexis Publishing2010 Edition of New Appleman Insurance Law Practice Guide - Chapter 45 Understanding Cyber Insurance Liability Coverage2010
Law360When Did ‘AIG’ Become A 4-Letter Word?2010
e-Commerce Law & Strategy Newsletter“Computer and Funds Transfer Fraud Endorsements Issues in Data Breach Claims”2010
Software Development TimesInsurance For The Cloud2010
AgentsofAmerica.ORGInsurance Coverage for Cyberattacks and Denial-of-Service Incidents2010
Lexis Insurance Law CenterInsurance Coverage for Cyberattacks2009
Insurance Law360Pay No Attention to The Insurer Behind the Curtain2009
Securities DocketShould Outside Directors Request the Purchase of Independent Director Liability Policies?2009
e-Commerce Law & Strategy NewsletterData Breaches Are Not Going Away Will Your Company Be Covered for Those Risks?2009
Lexis Nexis PublishingDelaware Court Refuses to Apply Pro Rata Allocation to Directors and Officers Insurance Policy and Rejects Excess Insurers’ Attempts to Deny Coverage Because There Were Settlements of Lower Layers of Coverage2009
Insurance Law360Ensuring Contingent Business Interruption Coverage2009
AdvisenTotal Cessation of Business Is Not Required for BI Coverage2009
Lexis Corporate Compliance Practice Guide: The Next GenerationStrategy for Creating an Effective Corporate Compliance Program2009
Risk & Insurance"Dusting Off an Old Law" – Insurance Coverage for Trespass to Chattels Claims2009
Claims MagazineDiscerning the Duty to Defend: When A Company is Incorrectly Named In A Lawsuit2009
Lexis Nexis PublishingScott N. Godes on the New York Appellate Division's Recent Decision Rejecting Allocation to the Policyholder for Latent Injury Claims: State of New York Insurance Department Liquidation Bureau v. Generali Insurance Company2008
Lexis Nexis PublishingInsurance companies’ public filings: chock full of information helpful to policyholder counsel2008
Lexis Nexis PublishingScott N. Godes on Sun-Times Media Group, Inc. v. Royal & SunAlliance Insurance Co.: Superior Court of Delaware's Decision Requiring the Advancement of Defense Costs Under Directors & Officers Insurance Policies2008
Lexis Nexis PublishingCome out, come out wherever you are: a primer on finding missing policies2008
Lexis Nexis PublishingScott N. Godes on the New York Supreme Court’s Recent Decision Rejecting the Application of the Products Hazard and Aggregate Limits For Asbestos Claims Against Insulation Contractor: Continental Casualty Co. v. Employers Insurance Co. of Wausau2008
Lexis Nexis PublishingScott N. Godes on Bombar v. West American Insurance Company2008
Coverage magazine (ABA)Eleven Years After Frontier and Porter Hayden, Insurers Still Wrongfully Refuse to Provide Premises-Operations Coverage: An Analysis of the Keasbey Decision2008
Mealey's Litigation Report: InsuranceThe Illinois Circuit Court's Recent Decision Rejecting Judicial Estoppel Against a Policyholder Based on the Policyholder's Statements in Underlying Actions2008
Lexis Insurance Law BlogWhen is a lawyer not a lawyer? When the lawyer handles claims.2008
Lexis Nexis PublishingScott N. Godes on Trustees of Princeton University v. National Union Fire Insurance Co. of Pittsburgh, PA2008
Securities DocketNew York Court Affirms D&O Coverage for Derivative Claims and Requires Advancement of Defense Costs2008
Legal OnRampScott Godes insurance coverage blog2008
Product Liability Law 360N.Y. Asbestos Claims Not Subject To Aggregate Limits2007
Mealey's Litigation ReportsNew York Court Finds that Aggregate Limits Do Not Apply to Asbestos Installation Claims2007
Insurance LawInsurance Coverage for Asbestos Claims: Laying Out a Case on Behalf of Insulation Contractors2006
Public Contract Law JournalGovernment Contracting on the Internet: Abandoning FACNET as the Government’s Network for Electronic Commerce1997

Education
School NameMajorDegreeGraduated
George Washington University National Law CenterN/AJD1998
Middlebury CollegeN/ABA1994

Speaking Engagements
Conference NameTitleDate
ABA Insurance Coverage Litigation Committee CLE SeminarInsurance Coverage for Data Breaches, Denial-of-Service Attacks, and Cybersecurity Events, and the Tidal Wave of Class Action Lawsuits Following Data Breach Disclosures2012
RIMS 55th Western Regional ConferenceData Breaches, Denial of Service Attacks, and Viruses, Oh My! Will You Be Covered if Your Company Suffers a Cyber Event?2011
NetDiligence® Cyber Risk & Privacy Liability ForumGL vs. Network Security: Insurance coverage for cybersecurity and privacy risks2011
HB Litigation Additional Insured Issues & Indemnification Agreements TeleconferenceHB Litigation Additional Insured Issues & Indemnification Agreements Teleconference2011
CyberCrime SymposiumCyber Insurance - Will You Be Covered if Your Company Suffers a Cyber Event?2011
Cyber-Risk and Data Breach Management SummitLessons From the Latest Litigation and Enforcement Actions Resulting From a Breach2011
Additional Insured Issues & Indemnification Agreements TeleconferenceAdditional Insured Issues & Indemnification Agreements2011
ACI Cyber & Data Risk InsuranceState of the Market: New Exposures, Coverage Options and Trends that Are Changing the Scope of Cyber Liability2011
ACI Bad Faith LitigationDiscovery: Limiting Its Scope, Responding Efficiently to Expansive Orders, Protecting Privilege, Preparing Company Witnesses for Depositions and More2011
The Hot Buttons in Asbestos Insurance LitigationThe Hot Buttons in Asbestos Insurance Litigation2010
NetDiligence® Cyber Risk & Privacy Liability ForumAre You Covered When Hackers Get Through?2010
LexisNexis® Insurance Law Community Podcast“LexisNexis® Insurance Law Community Podcast featuring Scott Godes of Dickstein Shapiro LLP on Cyber Liability Insurance Coverage”2010
First Party Claims ConferenceContingent Business Interruption Insurance – Will You Be Covered When Bad Things Happen To Other People?2010
Bad Faith Litigation ConferenceView from the Policyholder’s Bar2010
Asbestos Insurance Litigation ConferenceRevisiting Policy Limits2010
Asbestos Insurance Litigation Audiocast with Live Q&ARevisiting Policy Limits2010
2010 Insurance Coverage Litigation Committee CLE Seminar“From Doctors to ‘E-tailers’: The Expanding Market of Cyber Risks and Coverages.”2010
2010 Insurance Coverage Litigation Committee CLE SeminarIssues Confronting Insureds and Excess Insurers in Large-Scale, Long-Tail Claims2010
“Cyber Security Liability Issues”Insurance Coverage for Cybersecurity Risks and Liabilities2009
“Are You Covered When Private Data is Breached or Exposed?”Insurance Coverage for Data Breaches2009
Emerging Trends in Asbestos LitigationInsurance Coverage for Asbestos Bodily Injury Claims2009
Mealey’s Asbestos Insurance Teleconference, “Extrinsic Evidence and Its Impact on Coverage”Mealey’s Asbestos Insurance Teleconference, “Extrinsic Evidence and Its Impact on Coverage”2008
ABA Insurance Coverage Litigation CLE SeminarInsurance Coverage: Non-Products Coverage - It's Not Just For Asbestos Any More2008
Mealey's National Asbestos Litigation SuperConferenceInsurance Coverage: Suppliers, Distributors & Contractors–The Next Wave of Defendants?2007
Mealey's Asbestos Insurance Teleconference: Where We Stand in Light of KeasbeyContinental Casualty v. Employers Insurance of Wausau: Where We Stand in Light of Keasbey2007