Scott R. Brown
Scott is a member of Frost Brown Todd whose practice is primarily concentrated in general business and commercial litigation. Scott has successfully represented corporate clients in numerous state and federal cases, as well as in arbitration, for nearly two decades. Scott is a member of the Nashville and Cincinnati offices of the firm, having moved in 2014 to Nashville to help grow the firm’s Tennessee presence after practicing in the Cincinnati office for many years. Scott maintains offices in both locations and is licensed to practice in both Tennessee and Ohio state and federal courts, offering increased geographic coverage to his clients.
Scott has substantial experience in insurance matters and was formerly a Divisional Vice President with Great American Insurance Companies. Scott is currently a Board Member and immediate Past President of the National Society of Professional Insurance Investigators (NSPII), a not-for-profit organization comprised of insurance representatives, investigators, fire fighters, police officers, accountants and attorneys from across the country working each day in the critical fight against insurance fraud. Scott is a member and First Vice President of NSPII’s Kentucky and Tennessee Chapter, and also is a member of the National Coalition Against Insurance Fraud. Scott is also a Board Member of the Honorable Order of the Blue Goose, International, Tennessee "Pond," a fraternal organization of those who work in the insurance industry.
Scott also has considerable expertise in construction law, and regularly handles transactional matters and represents contractors in litigation. Scott is a member of Associated General Contractors of Tennessee (AGC) and serves on AGC's Build Tennessee Dinner Committee and Legal Advisory Committee. Scott also has served on the Board of Directors of the Spirit of Construction Foundation, an organization that honors construction professionals and their achievements, and promotes civic and educational ventures which benefit the construction industry and local community in Cincinnati. Scott was 2015 Co-Chair for the Spirit of Construction’s Gala. He also worked on the Spirit of Construction’s Gala Committee and has served as its Co-Chair of its annual “Spring Fling” event. Scott also has been a member of Allied Construction Industries’ Finance/Insurance Committee, and received ACI’s Distinguished Service Award in 2014.
Scott has been named in The Best Lawyers in America© in the fields of Insurance Law and Construction Law for several years, as well as in Ohio Super Lawyers® in the field of Civil Litigation-Defense. He was named 2011 Cincinnati Insurance Lawyer of the Year by The Best Lawyers in America©. Scott has also been named in Super Lawyers®, Corporate Counsel Edition, in the field of Civil Litigation-Defense. He also has served as member of the Cincinnati Bar Association’s Fee Arbitration Committee, and has worked as an arbitrator in cases involving fee disputes between attorneys and clients. He also has been a member/barrister of the Potter Stewart Inns of Court. Scott is the former President and member of the Board of Trustees of the Landen Farm Community Services Association, and he also served on the Deerfield Regional Storm Water District Advisory Committee.
- Representation of Insurers in Coverage and Bad Faith Litigation.
- Representation of General Contractors and Insurers, including numerous Construction Defect, Payment and Lien Disputes.
- Representation of a National General Contractor in Multiple Million Dollar Recovery.
- Representation of Public Owner in Multiple Million Dollar Recovery for Construction and Design Defects.
Greene County Joint Vocational School Board of Education d/b/a Green County Career Center v. Jackson & Sons Drilling and Pump, Inc., Case No. 2012CV0188 (Greene County Ohio Court of Common Pleas 2015)
Auto Aftermarket Concepts, Ltd. v. Erie Insurance Exchange, Case No. A1404105 (Hamilton County Ohio Court of Common Pleas, 2015)
G&K Services Co. v. Thompson Heating Corporation, Case No. A1207686 (Hamilton County Ohio Court of Common Pleas, 2015)
Butrum v. The Pinnacle Building Group, Inc., et al., Case No. 12CV81645 (Warren Co. Court of Common Pleas, September 2013)
Bennett v. USI Midwest Ins. Co., Appeal No. C-120509 (Ohio Ct. App., June, 2013)
Sizemore v. Forsthoefel, Case No. 2013 WL 2950673 (N.D. Ohio, June, 2013) (Lexington Ins. Co.)
Bigi v. Wright-Patt Credit Union, 2013 WL 1721154 (S.D. Ohio, April, 2013)
In re: Marble Cliff Crossing Apartments, LLC, Case No. 11-61545 (United States Bkr. Court, S.D. Ohio, 2013)
Midland Atlantic Development Co. LLC v. H.C. Nutting Co., Case No. 52110002091110 (American Arbitration Association, August 2012)
Kelchner, Inc. v. 741 Developers, Inc., Case No. 09-7862 (Montgomey County Ohio Court of Common Pleas, 2011)
Gabriel Barrett v. Pennsylvania Life Insurance Company, Case No. 531950016809 (American Arbitration Association, May 2010)
The Summit Country Day School v. Republic-Franklin Insurance Co., C-07004 (Ohio Ct. App. March 6, 2008), cert. denied, 2008-Ohio-0916 (Ohio 2008) (underlying case litigation and appellate briefing)
Proctor v. Nasco Const. Co., International Fidelity Insurance Co., Case No. 2006-08038-PR (Ohio Ct. Claims 2007)
Nationwide Mut. Fire Ins. Co. v. Logan, et al., 2006-Ohio-2513 (Ohio Ct. App. May 22, 2006)
Kentucky Medical Ins. Co. v. Jones, et al., 2003-Ohio-3301 (Ohio Ct. App. June 24, 2003)
Iler v. Wright, 98 Ohio St. 3d 1410 (Ohio 2003) (Ohio Supreme Court Jurisdictional Brief - Progressive Insurance Company)
Estate of David L. Houser, et al v. Motorists Ins. Co., et al., 2002 Ohio App. LEXIS 2913 (Ohio Ct. App. June 4, 2002)
Bargo v. R&L Transfer, et al., 2000 Ohio App. LEXIS 3869 (Ohio Ct. App. August 28, 2000)
Jennings v. University Ear, Nose & Throat Specialists, Inc., et al., 1999 Ohio App. LEXIS 6329 (Ohio Ct. App. Dec. 30, 1999)
Fidelity and Guaranty Ins. Underwriters v. Grinnell Corp., Case No. C-1-98-860 (S. D. Ohio 1999)
Estate of Rhonda Mayes v. Turco Manuf. Inc., et al., Appeal No. 97-CA-002404 (Ky. Ct. App. 1997)
Highlights & Recognitions
- Allied Construction Industries' Distinguished Service Award, 2014
- The Best Lawyers in America©, Insurance Law, 2007-2017; Construction Law, 2010-2011; Construction Litigation, 2012-2017
- Ohio Super Lawyers®, Civil Litigation Defense, 2009, 2012-2017
- The Best Lawyers in America©, 2011 Cincinnati Insurance Lawyer of the Year
- Super Lawyers®, Corporate Counsel Edition, Civil Litigation Defense, 2010
- Peer Review Rated, Martindale-Hubbell®
Memberships & Affiliations
- American Bar Association
- American Bar Association Tort Trial & Insurance Practice Section (TIPS); Member, Fidelity and Surety Law Committee
- Tennessee Bar Association
- Cincinnati Bar Association
- Ohio State Bar Association
- National Society of Professional Insurance Investigators (NSPII), Board Member; National Board of Trustees, 2009-present; President, 2014; Board Member/First Vice President, Kentucky/Tennessee Chapter 2015-present
- Honorable Order of the Blue Goose, International, Board Member, Tennessee "Pond"
- Associated General Contractors of Tennessee (AGC), Member, Legal Advisory Committee
- Spirit of Construction Foundation, Former Member, Board of Directors; Member, Gala Committee
- Allied Construction Industries (ACI), Member, Finance/Insurance Committee
- Cincinnati Bar Association, Fee Arbitration Committee
- Cincinnati Claims Association, Member
- U.S. Law Firm Group, Member
- Multilaw, Member
- Ohio Association of Civil Trial Attorneys, Member
- Potter Stewart Inns of Court, Member/Barrister
- 29 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 17 Recognized by Ohio Rising Stars® for 2017
- 168 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2017
- 33 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 11 Recognized by Ohio Rising Stars® for 2016
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2016
- 37 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® for 2015
- Frost Brown Todd Brings Veteran Insurance and Construction Attorney to Nashville
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2015
- 42 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers®
- 172 Frost Brown Todd Attorneys Recognized in 2014 Best Lawyers®
- 43 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 17 Recognized by Ohio Rising Stars® for 2013
- 167 Frost Brown Todd Attorneys Recognized in 2013 Best Lawyers®
- 44 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 15 Recognized by Ohio Rising Stars® for 2012
- 150 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2012 Edition
- 15 Frost Brown Todd Attorneys Recognized as 2011 “Lawyers of the Year”
- 145 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2011 Edition
Civic & Charitable Organizations
- Landen Farm Community Services Association, Board of Trustees, President, Member, 2003-2007
- Deerfield Regional Storm Water District Advisory Committee, Member, 2005
Non-FBT Publications and Events
Fall 2015 - National Society of Professional Insurance Investigators - Legal Panel, Developments in Tennessee Insurance Law
Fall 2015 - Spirit of Construction Gala - Co-Chair
Fall 2014 - USI Midwest/FBT Presentation - Surviving the Challenging Economy and Navigating Construction, Insurance and Surety Issues
Fall 2014 - University of Kentucky - CLE Construction Law Institute - Is Construction Defect a Covered Occurrence?
Spring 2014 - Tennessee Bar Association - Commercial Leases - Insurance Provisions
Spring 2013 - National Society of Professional Insurance Investigators - Litigation and Legal Holds
Summer 2010 - LOMA Society, Cincinnati - Misrepresentations in Life Insurance Applications
Winter 2009 - Allied Construction Industries/FBT Presentations - Building In A Tough Economy
Winter 2008 - Allied Construction Industries/ABC/AGC/FBT Presentations - AIA/Consensus Docs - New Construction Contracts
Winter 2007 - Allied Construction Industries/FBT Presentations - How To Get Paid/Construction
Winter 2005/2006 - Allied Construction Industries/ABC/AGC/FBT Presentations
Don't Bet The Company! Insurance, Indemnity and the Big Risks
Fall 2005 - National Society of Professional Insurance Investigators - National Conference
Trying A Fraud Case In The Modern Courtroom
Winter 2004/2005 - Allied Construction Industries/FBT Presentations
Design Build Contracting & Subcontracting/Professional Liability Insurance
Winter 2003, Winter 2004/2005 – Allied Construction Industries/FBT Presentations
Killer Clauses in Construction Contracts
Spring 2000 - Cincinnati Bar Association Presentation
Effective Use of Exhibits in Personal Injury Case.
Note: Peters v. Judicial and Removal Commission: Free Speech and The Appearance of Judicial Impartiality
22 N. Ky. L. Rev. 497 (1995)
Note: Degrella v. Elston, Kentucky's "Right to Die" Decision - Whose Choice to Live or Die?
58 Kentucky Bench & Bar Journal, No. 4, p. 27 (1994)