Scott C. Turner

Scott C. Turner: Attorney with Smith, Currie & Hancock LLP AV stamp icon
Attorney Awards

Biography

Scott C. Turner is of counsel in the Washington, DC and San Francisco, California offices of Smith, Currie & Hancock LLP. Scott is one of the foremost attorneys nationally on the subject of insurance recovery for policyholders in the construction industry. He is the author of the leading legal treatise on that subject, the two volume, 1,700 page “Insurance Coverage of Construction Disputes (2nd ed.),” published by Thomson Reuters West. This treatise is frequently relied upon, cited, and quoted in important, pro-coverage, appellate law decisions bearing on construction insurance. The state Supreme Court and Federal Court of Appeals decisions to have done so most recently are National Sur. Corp. v. Westlake Inv., LLC, 880 N.W.2d 724 (Iowa 2016) and Capital City Real Estate, LLC v. Certain Underwriters at Lloyds London, 788 F.3d 375 (4th Cir. 2015) (Md. law).

Scott’s practice centers on insurance coverage of project owners, developers, general contractors, subcontractors of every tier, manufacturers, design professionals, and construction managers on significant commercial, residential, industrial and public works construction projects. He has more than twenty-five years of experience securing insurance recoveries for property losses and in securing defense and indemnification for liability resulting from construction disputes and defects.

Experience

•Liability Coverage for Residential Construction Defects

Articles & Publications

Publications

•Two Volume Treatise: “ Insurance Coverage of Construction Disputes, ” Thomson Reuters West 2nd ed. (2014)
•Book Chapter: “The Contractual Liability Exclusion and Contractual Liability Coverage,” 2 Insurance Coverage Litigation, Wolters Kluwer Law & Business (2012)
•“When the Earth Moved, Cracks Appeared in the Insurance Policy, ” Construction Executive’s Risk Management newsletter(August 18, 2014) (with David E. Wood)
•“U.S. Court of Appeals: Incorporation of Bad Work/Product into Larger, Compound Product Covered by CGL Insurance Policy, ”ConstructionPro Network (May 2, 2014)
•“U.S. Court of Appeals: CGL Insurer Had No Duty to Defend Additional Insured General Contractor against Owner’s Post-Completion Breach-of-Contract Claim for Defective Work, ” ConstructionPro Weekly(March 7, 2014)
•“Update from the Courts: Texas Decision Enables Contractors’ Ability to Voluntarily Correct Defects Without Losing Insurance Coverage, ” ABA’s Under Construction magazine (January 22, 2014)
•“Captives and the ‘Business Risk Doctrine’, ” Captive Insurance Company Reports (December 2013) (with Marshall Gilinsky)
•“Dramatic Changes on the Horizon for CGL Coverage Law, ” Advisen (April 8, 2014) and Risk Management magazine (November 1, 2013) (with Robert M. Horkovich)
•“State Supreme Court: No Commercial General Liability Coverage for Property Damage to Insured Contractor’s Own Work, But the Door Is Open for a Possible Future Reversal on the Issue, ”ConstructionPro Network (October 11, 2013)
•“Insurance Claims for Solar Panel Defects,” EnerG magazine (September/October 2013) and Law Journal Newsletters: The Insurance Coverage Law Bulletin, Volume 12, Number 9 (October 2013)
•“New Insurance Case: S.D. Supreme Court Rules that There Is No Commercial General Liability Coverage for Property Damage to Insured Contractor’s Own Work and Building Materials During Its Ongoing Operations, ” ConstructionPro Network (September 27, 2013)
•“New Insurance Case: State Supreme Court Rules that Insured Contractor’s Own Work Needing Repair or Replacement Is Not an ‘Occurrence’, ” ConstructionPro Network (September 20, 2013)
•“New Insurance Case: State High Court Rules that Commercial General Liability Policy Covers Construction Defects, ” ConstructionPro Network (September 13, 2013)
•“State Supreme Court: Commercial General Liability Insurance Policy Covers Policyholder’s Pre-Litigation Costs to Repair Its Defective Construction Work Despite Lack of Insurance Company Consent, ” ConstructionPro Network (September 6, 2013)
•“New Insurance Case: State High Court Rules that Commercial General Liability Policy Covers Construction Defects, ” ConstructionPro Network (August 30, 2013)
•“New Insurance Case: State High Court Rules That There is No Coverage for a Policyholder’s Own Defective Work, ” ConstructionPro Network (August 16, 2013)
•“Federal Appeals Court: No Commercial General Liability Coverage for Property Damage to Insured Contractor’s Own Defective Work and Resulting Loss on Use During Its Ongoing Operations, ”ConstructionPro Network (August 9, 2013)
•“Update from the Courts: Connecticut Supreme Court Finds CGL Policy Covers Construction Defects; Decision Reflects National Trends With Significant Implications, ” Under Construction, American Bar Association, Construction Industry Forum (August 2013)
•“Maximizing Additional Insured Coverage, ” Enforce: The Insurance Policy Enforcement Journal, Volume II, Issue I (2013)
•“Second Circuit Deals Another Blow to “Business Risk Doctrine” Regionally and Nationally, ” AgentsofAmerica.org (August 2013) and AKO Policyholder Advisor (May/June 2013)
•“Supreme Court of South Carolina Bars Insurance Coverage in Defective Construction Case with a Twist, ” LexisNexis, Insurance Law(July 30, 2013)
•“How To Fight For Coverage In Solar Panel Defect Claims, ” Law360 (June 10, 2013)
•“Ala. Supreme Court: Insured Contractor’s Own Work Needing Repair or Replacement Not an ‘Occurrence’, ” LexisNexis Communities, Insurance Law Community (May 31, 2013)
•“U.S. 8th Cir: No CGL Cover for Property Damage to Insured Contractor’s Own Defective Work and Resulting Loss on Use During Its On-Going Operations, ” LexisNexis Communities, Insurance Law Community (May 30, 2013)

Press Articles

•“Coverage For Construction Fixes In Calif. Remains Murky, ” Law360 (July 3, 2014)
•“K2 Reversal Adds To Series Of Coverage Flip-Flops, ” Law360 (February 19, 2014)
•“5th Circ. Adds New Wrinkle To Construction Defect Debate, ” Law360 (February 14, 2014)
•“Post-Lennar, Going Rogue Still Risky For Texas Policyholders, ” Law360 (August 26, 2013)
•“Solar equipment failures spark demand for defective building material coverage: Contractor general liability cover for defects tied to property damage, ” Business Insurance (August 25, 2013)
•“Insurers ToSeize On Gaps In Ga. Construction Defect Ruling, ” Law360 (July 15, 2013)
•“Latest Flip-Flop On Faulty Work Morphs Coverage Battle, ” Law360 (June 24, 2013)
•“Solar Construction: Too Hot to Handle?, ” Insurance Journal (June 17, 2013)
•“Ala. High Court Finds No Coverage For Faulty Work, ” Law360 (May 7, 2013)
•“Idaho High Court Boosts Coverage of Attys’ Fee Awards, ” Law360 (April 22, 2013)
•“Divisive Ruling Casts Doubt On Additional Insured Coverage, ” Law360 (January 28, 2013)
•“SC Builder Coverage Law Lives On, But Insurers Get Reprieve, ” Law360 (November 28, 2012)
•“Legislature May Be Ohio Builders’ Best Bet In Coverage Row,” Law360 (October 19, 2012)

Presentations

•“Real Estate & Construction: Additional Insured Coverage: Making Claims, and the New ISO Additional Insured Forms,” Industry Breakout Sessions: Important Issues Affecting Key Industries, 17th Annual Policyholder Advisor Conference, New York, NY (October 17, 2013) (with David E. Wood and Lawrence J. Bartelemucci)
•“Everything a Construction Player Should Know About Insurance in California,” Lorman Seminar, Oakland, CA (December 2, 2004)
•“Insurance Coverage,” Mealey’s Sulfate Attack on Concrete Litigation Conference, Pasadena, CA (November 9, 2004)
•“Insurance Coverage for Construction Defect Claims,” ABA Section of Litigation Mid-Year Meeting, Tucson, AZ (March 2-4, 2000)
•Making the Best of a Bad Situation. Where and How Contractors Can Find Insurance Coverage for Civil Violations of the False Claims Act - AGC 2016 Conference on Surety Bonding and Construction Risk Management - February 2, 2016 - Naples, FL

(Also Of Counsel to Anderson Kill & Olcik, P.C., New York, N.Y.)

Areas of Practice (5)

  • Construction Law
  • Contract Formation
  • Surety Bonds & Insurance
  • Risk Identification and Avoidance
  • Contract Review

Education & Credentials

Contact Information:
202.452.2140  Phone
202.775.8217  Fax
www.smithcurrie.com/attorneys-95.html
University Attended:
University of California at Los Angeles, B.A., cum laude, 1973
Law School Attended:
University of Southern California, J.D., 1978
Year of First Admission:
1978
Admission:
District of Columbia; California
Memberships:

Professional Affiliations

•State Bar of California
•Washington D.C. Bar
•American Bar Association
•ABA Section of Litigation, Insurance Coverage Litigation Committee, Construction Insurance Coverage Subcommittee, past chairperson (2001-2002)
•Tort Trial and Insurance Practice Section
•Forum on Construction Law

Birth Information:
Los Angeles, California, December 6, 1948
Reported Cases:
Vandenberg v. Superior Court, 21 Cal. 4th 815 (1999).
ISLN:
903037646

Peer Reviews

5.0/5.0
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (1)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

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