Scott S. Thomas

Payne & Fears LLP Recovered More Than $2.75 Million On Behalf of a Homebuilder

Irvine partners Scott Thomas, Nathan Cazier, and Jared De Jong recovered more than $2.75 million from several primary and excess insurers on behalf of a homebuilder, reimbursing the homebuilder for defense costs it shouldered after the insurers denied coverage and refused to defend the homebuilder in several construction defect lawsuits. 

Payne & Fears negotiated favorable settlements with all but one insurer.  After the trial court granted summary judgment in favor of the remaining insurer, the homebuilder appealed.  After the appeal was briefed, the hold-out...

Convinced an Insurance Carrier to Provide Our Client with Independent Counsel in an Employment and Business Dispute, Resulting in Securing Reimbursement for Over $1 Million in Defense Costs

Convinced an insurance carrier to provide our client, a large public-works contractor, with independent counsel in an employment and business dispute involving a former company executive. This settlement had the effect of securing reimbursement for over $1 Million dollars in defense costs that our client had previously spent defending the matter through the defense counsel of its choosing.

Recovered Over $2.5 Million in Defense Costs for a Large Residential Homebuilder Named in a High-Exposure Construction Defect Lawsuit

Recovered over $2.5 Million in defense costs for our client, a large residential homebuilder, who was named as a defendant in a high-exposure construction defect lawsuit. By utilizing our connections within the insurance industry and by employing creative legal strategies that included early case evaluation and mediation, Payne & Fears LLP was able to recover this entire amount without filing a lawsuit.

Payne & Fears LLP Obtains Important Victory for Arizona Policyholders

In a victory not only for homebuilders but for all policyholders, the Arizona Court of Appeals recently rejected an attempt by several liability insurers to dramatically expand Arizona's "fair debatability" defense to policyholder bad faith claims. Lennar Corp. v. Transamerica Ins. Co., No. 1 CA-CV 10-0141 (April 14, 2011) ("Lennar II"). Our client, Lennar, a Fortune 500 homebuilder, sued several insurers for breach of contract and bad faith after they denied coverage for a multi-plaintiff construction defect lawsuit. After several years of litigation, the trial court summarily...