Dan Scapellati has practiced with the firm's Insurance Law Practice Group since joining the firm in 1990. He has considerable insurance coverage and bad faith litigation experience, and he has successfully represented the firm's insurance company clients before both state and federal trial and appellate courts. Dan's expertise includes litigation of property and other first party coverage and bad faith matters, fraud investigations, regulatory matters and litigation of third party insurance coverage and extra-contractual issues.
Working closely with other members of the Insurance Coverage Practice Group, Dan and his colleagues have been responsible for several decisions which directly have shaped the law on significant insurance coverage issues. For instance, in Amica Mutual Ins. Co. v. Franklin, 147 F.3d 233 (2d Cir. 1998), a case where the firm's insurer-client was confronted with potential exposure amounting to $3.5 million, the firm obtained a favorable ruling from the United States Court of Appeals for the Second Circuit which construed, for the first time under Connecticut law, the "regular use" exclusion in an automobile liability policy. In Hertz Corp. v. Federal Ins. Co., 245 Conn. 374, 713 A.2d 820 (1998), the coverage team obtained from the Connecticut Supreme Court an important and detailed discussion of the relationship between the coverage obligations of a self-insured lessor of a motor vehicle and a lessee's personal automobile carrier.
Dan received his BS from Villanova University and his Juris Doctor from the University of Bridgeport in 1982 and is admitted to practice in Connecticut, the District of Connecticut, the Southern District of New York and the 2nd Circuit Court of Appeals. Before joining Halloran & Sage, Dan served for seven years as staff counsel to the Connecticut Supreme and Appellate Courts. He is an experienced appellate litigator, and a member of the firm's Appellate Department. Dan has successfully prosecuted and defended over sixty appeals on behalf of insurance carriers before the Connecticut Supreme and Appellate Courts, as well as before the Second Circuit Court of Appeals.
Dan is an elected member of the Federation of Defense and Corporate Counsel as well as a member of the Claims and Litigation Managment Alliance, the Tort and Insurance Practice Section of the American Bar Association and the Insurance Law Committee of the Connecticut Bar Association. He is also a member of both the Defense Research Institute and the Connecticut Defense Lawyer's Association. He has lectured and co-authored articles on insurance coverage and appellate matters. He has been selected by the publishers of Connecticut Magazine as one of New England's Super Lawyers in the area of Insurance Coverage. In addition to his other responsibilities, he currently serves as Chairman of Halloran & Sage's Hiring Committee.
American Bar Association - TIPS Insurance Coverage Litigation Committee
Defense Research Institute
Connecticut Defense Lawyer's Association
Federation of Defense and Corporate Counsel (Elected Member)
Claims and Litigation Management Alliance
Daniel Scapellati and Joseph "Jay" Arcata Successfully Defend Insurer in Negligent Failure to Settle Case
Arrowood Indem. Co. v. King, 304 Conn. 179, 39 A.3d 712, 2012 WL 896379, Conn., March 27, 2012 (NO. 18658)
Arrowood Indem. Co. v. King,605 F.3d 62, 2010 WL 1960126, C.A.2 (Conn.), May 18, 2010 (NO. 07-5249-CV(L))
Empire Fire & Marine Ins. v. Lang, 655 F. Supp.2d 150, 2009 WL 2981969, D.Conn., September 15, 2009 (NO. 3:07CV1325(SRU))
H & S Obtains Favorable Summary Judgment Ruling in Umbrella Coverage Case
National Pub. Co., Inc. v. Hartford Fire Ins. Co., 287 Conn. 664, 949 A.2d 1203, 2008 WL 2584607, Conn., July 08, 2008 (NO. SC 17647)
Winchester Industries, Inc. v. Sentry Ins., 536 F.Supp.2d 203, 2008 WL 350482, D.Conn., February 07, 2008 (NO. 3:06-CV-858AHN)
Universal Underwriters Ins. Co. v. Paradis, 285 Conn.342, 940 A.2d 730, 2008 WL 215867, Conn., February 05, 2008 (NO. 17756, 17757)
Truck Insurance Exchange v. Cherrie Spada and Truck Insurance Exchange v. Joseph Mager
Royal Indemnity Co. v. King, No. 3:03-cv-2178, 2007 U.S. Dist. LEXIS 72654 (D. Conn., Sept. 28, 2007) (Underhill, J.).
Carford v. Empire Fire and Marine Ins. Co., 94 Conn.App. 41, 891 A.2d 55, 2006 WL 435587, Conn.App., February 28, 2006 (NO. 25355)
Nichols v. Subway Restaurant, 98 Conn. App. 837, 912 A.2d 1037 (2006)
Bepko v. St. Paul Fire and Marine Ins. Co., 2005 WL 3619253 (D. Conn. November 10, 2005) (Dorsey, J.)
Deprey v. Continental Cas., 39 Conn. L. Rptr. 231, 2005 WL 1156841 (Conn. Super. Ct. April 22, 2005) (Berger, J.)
Gomes v. Massachusetts Bay Ins. Co., 87 Conn.App. 416, 866 A.2d 704, 2005 WL 309959, Conn.App., February 15, 2005 (NO. 24409)
Blardo v. General Sec. Indemn. Co. of Arizona, 2004 WL 2361799 (Conn. Super. Ct. September 28, 2004)(Shapiro, J.)
State Farm Fire & Cas. Co. v. Sayles 289 F.3d 181, 2002 WL 832014, C.A.2 (Conn.), May 02, 2002 (NO. 01-7186)
General Acc. Ins. Co. of America v. Powers, Bolles, Houlihan and Hartline Inc., 251 Conn. 56, 738 A.2d 168, 1999 WL 828731, Conn., October 19, 1999 (NO.SC 16060
Western World Ins. Co. v. Peters, 182 F.3d 902, 1999 WL 464975, Unpublished Disposition, C.A.2 (Conn.), June 21, 1999 (NO. 98-9130)
U.S. Fidelity and Guar. Co. v. Hutchinson, 244 Conn. 513, 710 A.2d 1343, 1998 WL 175041, Conn., April 21, 1998 (NO. 15790)
Hertz Corp. v. Federal Ins. Co., 245 Conn. 374, 713 A.2d 820 (1998)
Amica Mutual Ins. Co. v. Franklin, 147 F.3d 233 (2d Cir. 1998)
Farrell v. Royal Ins. Co. of America, 989 F.Supp. 159, 1997 WL 805287, D.Conn., March 31, 1997 (NO. 394CV32 JBA)
Hansen v. Ohio Cas. Ins. Co., 239 Conn. 537, 687 A.2d 1262, 1996 WL 733092, Conn., December 31, 1996 (NO. 15535)
O'Brien v. U.S. Fidelity and Guar. Co., 235 Conn. 837, 669 A.2d 1221, 1996 WL 33085, Conn., January 30, 1996 (NO. 15151)
Williams v. State Farm Mut. Auto. Ins. Co., 229 Conn. 359, 641 A.2d 783, 1994 WL 192363, Conn., May 17, 1994 (NO. 14722)
Boyce v. State Farm Ins. Co., 34 Conn.App.40,640 A.2d 135, 1994 WL 111950, Conn.App., April 05, 1994 (NO. 12280)
Reddy v. New Hampshire Ins. Co., 28 Conn.App. 145, 612 A.2d 64, 1992 WL 155847, Conn.App., June 16, 1992 (NO. 9808)
Lees v. Middlesex Ins. Co., 219 Conn. 644, 594 A.2d 952, 1991 WL 134902, Conn., July 23, 1991 (NO. 14153)
Forsberg v. New Hampshire Ins. Co., 24 Conn.App. 655, 591 A.2d 147, 1991 WL 8259, Conn.App., May 21, 1991 (NO. 9327)
Saad v. Colonial Penn Ins. Co., 32 Conn.App. 190, 628 A.2d 623, 1993 WL 278670, Conn.App., July, 1993 (NO. 11231)
Damages For Breach of an Insurer's Duty To Defend - Are They Capped At Policy Limits?
Insurance Law Update, 03/11/2013
Connecticut Supreme Court Reallocates the Burden of Proof in Late Notice Cases
Occam's Razor Insurance Law Update, 03/27/2012
Insurers Should Be Wary Of Emergency Services Charges
Occam's Razor Insurance Law Newsletter, 02/27/2012
No Coverage For Use Of A Rental Vehicle In Violation Of The Rental Agreement
Occam's Razor Insurance Law Update, 10/26/2009
Statutory Double and Treble Damages - Are They Insurable?
Occam's Razor, 12/06/2007
No Coverage for ATV Use On Streets In Private Association
Occam's Razor, 12/05/2007
Successfully Cancelling Policies For Nonpayment Of Premium
Occam's Razor Summer Issue, 05/21/2007
Insurance Coverage And The D.C. Court Of Appeals
Insurance Law Update, 01/15/2002