Joseph Scully

Practice Areas

Joseph Scully, an experienced litigator, primarily represents insurance companies in insurance coverage actions and reinsurance disputes. He has litigated coverage disputes in state and federal courts, including disputes arising from asbestos and other product liability claims, environmental losses, fire and other property damage, construction defects, and equipment breakdown claims. Joseph also has handled and tried disputes involving reinsurance claims before arbitration panels and in state and federal courts.

Joseph has tried complex civil disputes in courts throughout New England, as well as Delaware, Maryland, New York, Ohio and Texas. Clients seek out his experience taking matters to trial in state and federal courts and litigating numerous arbitrations through final hearings. He is also sought out for his handling of appeals before courts, including the First Circuit Court of Appeals and state appellate courts in Connecticut, Massachusetts, New York and Rhode Island.

Joseph has authored numerous articles and presented at industry conferences on a variety of cutting-edge insurance and reinsurance topics. He serves on the Board of the Greater Hartford Legal Aid Foundation and devotes significant pro bono hours working with the Connecticut Fair Housing Center.

Before entering private practice, Joseph served as a law clerk to The Honorable Edward F. Harrington, U.S. District Court for the District of Massachusetts.

Admitted in these jurisdictions and courts:

- State of Connecticut

- Commonwealth of Massachusetts

- State of Rhode Island

- U.S. Court of Appeals for the First Circuit

- U.S. Court of Appeals for the Second Circuit

- U.S. District Court, District of Connecticut

- U.S. District Court, District of Massachusetts

- U.S. District Court, District of Rhode Island

- U.S. District Court, Eastern District of Michigan

- U.S. District Court, Southern District of New York

- U.S. District Court, Southern District of Texas

Professional Memberships

American Bar Foundation, Fellow

AIDA Reinsurance and Insurance Arbitration Society (ARIAS-U.S.)

Hartford County Bar Association

Connecticut Bar Foundation, James W. Cooper Fellow

Oliver Ellsworth Inn of Court

American Bar Association

Boston Bar Association

Rhode Island Bar Association

Defense Research Institute

Federation of Defense & Corporate Counsel

Publications

Co-author, "How to Cheat in Arbitration – Allegedly: Part II," ARIAS-U.S. Quarterly, Q2 2024

Co-author, "How to Cheat in Arbitration – Allegedly: Part I," ARIAS-U.S. Quarterly, Q4 2023

Co-author, "Insurance Law: State Supreme Court's Capstone Decision Addresses Key Topics," Connecticut Law Tribune, November 26, 2013

Co-author, "First Circuit Requires District Court of Rhode Island to Justify Foreclosure Stay," Day Pitney Alert, June 24, 2013

Co-author, "CT Supreme Court Capstone Decision Limits Scope of Insurers' Liability," Day Pitney Alert, June 5, 2013

Experience

Successfully argued appeal to First Circuit upholding trial court’s dismissal of coverage dispute concerning underlying claims for trademark infringement under Coverage B

Court appointed pro bono counsel in bench trial challenging terms of confinement under the First Amendment

Tried to jury verdict asbestos coverage dispute in Delaware Superior Court involving claims for coverage exceeding $50 million of coverage

Represented ceding insurance company in series of reinsurance disputes in federal court in Connecticut and Ohio seeking reinsurance recovery arising from $449 million asbestos settlement

Represented reinsurer in arbitration concerning allocation of environmental losses

Tried bench trial of successor liability claims and successfully defended judgment on appeal to Second Circuit

Briefed and argued appeal to Connecticut Supreme Court overturning trial court’s finding of breach of contract involving significant issues related to Bankruptcy Code

Successfully prosecuted an interlocutory appeal resulting in the reversal of a trial court's denial of an insurer's motion for summary judgment on the basis that the plaintiff had signed a release of all its claims

Defended property insurer against multi-million dollar claim for business interruption losses in the Southern District of Texas

Briefed issue of first impression on significant insurance coverage issues on behalf of amicus curiae before the Connecticut Supreme Court

Defended equipment breakdown insurer in the United States District Court of Rhode Island against claims of breach of contract and bad faith arising from the denial of business interruption losses

Represented ceding company against claims by its reinsurers that the cedent's post-settlement allocation of losses was done in bad faith for the purposes of maximizing reinsurance recoveries

Represented a variety of life and disability insurers against breach of contract and unfair claims practices claims

Tried breach of fiduciary duty and theft of corporate opportunity claim against rogue corporate officer

Represented pro bono a fair housing center seeking compensatory damages and injunctive relief arising from landlord's discriminatory rental practices

Education