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Joseph K. Scully
Joseph K. Scully
Partner
Hartford, CT
| (860) 275-0135
Boston, MA
| (617) 345-4600

Overview

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.

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 and Credentials

Education

  • Harvard Law School, J.D., 1999
  • Fordham University, B.A., summa cum laude, 1996

Admissions

  • U.S. District Court, District of Connecticut
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the First Circuit
  • State of Rhode Island
  • Commonwealth of Massachusetts
  • State of Connecticut
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, District of Rhode Island
  • U.S. District Court, District of Massachusetts
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Southern District of New York

Affiliations

  • 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

Recognition and Community

No aspect of this advertisement has been approved by the highest court of any state. Prior results do not guarantee a similar outcome. See Awards Methodology.

Recognitions

Chosen for inclusion in Who's Who Legal USA (Law Business Research Ltd), Insurance and Reinsurance, 2024

Chosen for inclusion in the Chambers USA Legal Directory (Chambers & Partners) of recognized practitioners for Insurance in Connecticut, 2024

Chosen for inclusion in the Chambers USA Legal Directory (Chambers & Partners) of recognized practitioners for Litigation: General Commercial in Connecticut, 2014-2023

Chosen for inclusion in The Best Lawyers in America (Woodward/White, Inc.), Insurance Law, 2017-2025, Reinsurance Law, 2020-2025

Selected to the list of Connecticut Super Lawyers (Thomson Reuters), Insurance Coverage, Business Litigation, 2013-2024

Recognized as a leading litigation practitioner in Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms & Attorneys, 2009-2015

Selected to the list of Connecticut Super Lawyers Rising Stars (Thomson Reuters), 2010-2012

Community Involvement

Greater Hartford Legal Aid Foundation, Board Member

Connecticut Supreme Court Historical Society, Board of Editors, Connecticut Supreme Court History, 2006 - 2016

Leadership Greater Hartford, Quest program, 2009

Greater Hartford Legal Aid Foundation, Associates' Campaign, Co-Chair, 2006

Ancient Order of Hibernians

Statewide political campaigns, Volunteer

In The Media

Publications

Speaking Engagements

Joseph K. Scully Latest News and Insights

May 29, 2024
How to Cheat in Arbitration – Allegedly: Part II

Day Pitney Litigation Partners Joseph Scully and Daniel FitzMaurice authored the article, "How to Cheat in Arbitration – Allegedly: Part II," for ARIAS-U.S. Quarterly.

May 17, 2024
Day Pitney Partner Joseph Scully Named to Who's Who Legal List for Insurance & Reinsurance 2024

Day Pitney Partner Joseph K. Scully has been named to the Who's Who Legal List for Insurance & Reinsurance 2024. Scully, an experienced litigator, primarily represents insurance companies in insurance coverage actions and reinsurance disputes.

November 17, 2023
How to Cheat in Arbitration – Allegedly: Part I

Day Pitney Litigation Partners Joseph Scully and Daniel FitzMaurice authored the article, "How to Cheat in Arbitration – Allegedly: Part I," for ARIAS-U.S. Quarterly (4th Quarter 2023).

July 5, 2023
Day Pitney Partner Joseph Scully Named to Who's Who Legal List for Insurance & Reinsurance 2023

Day Pitney Partner Joseph K. Scully has been named to the Who's Who Legal List for Insurance & Reinsurance 2023.

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