Scott Miller

[email protected]
916-846-9391

EDUCATION

B.A., Music and Religious Studies, Rhodes College (1997); M.Mus., University of Tennessee (2000); J.D., Vanderbilt University Law School (2007).

EXPERIENCE

Scott Miller has extensive experience with matters involving general liability, premises liability, personal injury defense, insurance coverage, professional negligence and legal malpractice, contractor negligence and construction defect litigation. Before relocating to Sacramento in 2014, Scott practiced insurance coverage litigation, and general liability and professional liability defense in Los Angeles for seven years.

BAR ADMITTANCE AND LICENSURE

California State Courts; United States District Court, Central District of California, Northern District of California, Eastern District of California, Southern District of California; United States Court of Appeals, Ninth Circuit

MEMBERSHIP

State Bar of California; Sacramento County Bar Association; American Bar Association, Tort, Trial and Insurance Practice Section (TIPS), TIPS Fellow (2013-2014), TIPS Law Journal Editorial Board (2014-present); Vice-Chair of Directors & Officers Liability Committee and Member of Standing Committee on Ethics and Professionalism (2013-2015), ABA Death Penalty Representation Project Steering Committee (2012 -2014); Board Member and President, Sacramento Community Concert Association (2015-present); School Site Council Member, Lakeview Elementary School, El Dorado Hills, California (2015-present); Attorney Volunteer, Sacramento Office of Education Mock Trial Competition (2015-present); Volunteer Judge, National History Day, California State Competition (2015-present); Board Member and Past President, Armaga Springs Homeowners’ Association (2009-2014); Volunteer Interviewer, Vanderbilt University Law School Admissions Alumni Interview Program.

PUBLICATIONS

Consultant, Neighbor Disputes: Law and Litigation, California CEB, 2013-2017.
First Party Insurers May Face Liability Under California’s Unfair Competition Law, Email Alert, August 2, 2013.
Speaker, “Cyber Liability Insurance: Where We Are Now and Where We Are Going,” June 2013.
Multiple EPA Letters are Not Evidence of Separate ‘Suits’ Under CGL Policy, Sufficient to Trigger Duty to Defend. MPP Environmental Law Update, October, 2013.
Speaker, California Delegation to the American Bar Association, California State Bar Admission Ceremony, Oakland, California December 7, 2016.
“Fifth Circuit Finds That ‘Fines and Penalties’ Exclusion in a Pollution Liability Policy Does Not Preclude Coverage for Court-Ordered Remediation Work to Remedy a Clean Air Act Violation” MPP Environmental Law Update, June 2013
Speaker, ABA Law Student Division Meeting, “Lunch with Experience,” Chapman University Law School, March 2, 2013.
Co-author, “Recent Developments in Insurance Coverage,” Tort Trial & Insurance Practice Law Journal (Vol. 48, Issue 1, Fall 2012), Topic: “Insurer’s Obligation to Provide Independent Counsel.”
Co-author, “Traps for the Unwary: Sovereign Immunity, Indemnification and Insurance Endorsements,” presented at North American Contingency Association (NACA) Annual Conference, May 17, 2012.
Author, Hawaii Chapter, Professional Liability Insurance: A Compendium of State Law, Defense Research Institute, 2012.
Author, Montana Chapter, Excess Insurance: A Compendium of State Law, Defense Research Institute, 2011.

Scott Miller’s practice focuses on civil litigation matters including personal injury defense, premises liability claims, professional liability defense, contractor negligence claims, insurance coverage disputes, property damage claims and related civil actions. He has defended lawyers and insurance brokers against malpractice claims and handled contract disputes, homeowners’ association board disputes, and groundwater contamination and toxic tort suits.
Scott has also provided coverage counseling and risk management advice to both insureds and insurers regarding first and third party claims. He has represented insurers in declaratory relief and bad faith actions, and he has handled litigation involving first-party property claims, business-interruption coverage, event contingency and concert cancellation, and commercial crime loss coverage claims. Recent successes and representative matters include:

  • Obtained summary judgment for insurer-appointed law firm sued by the insured client’s personal counsel for negligence and breach of fiduciary duty based on the firm’s handling of an underlying construction defect matter.
  • Obtained dismissal and substantial attorney fees award following a successful “Anti-SLAPP” motion to strike a complaint for abuse of process brought against a family law attorney based on the attorney’s handling of underlying child custody proceedings.
  • Obtained summary judgment on behalf of a homeowner’s insurer based on its decision not to provide a defense for third-party personal injury claims arising out of the insured’s use of a snowmobile.
  • Represented first-party property insurer in connection with its successful investigation and coverage analysis involving nearly 600 first-party smoke damage claims arising from the 2009 Station Fire in Southern California.
  • Successfully obtained, on two separate occasions, the dismissal of a life insurance broker from a professional negligence action based on the broker’s handling of a decedent’s life insurance application, without any requirement that the broker contribute to a settlement.
  • Obtained judgment of rescission on behalf of CGL insurer arising from insured window blind manufacturer’s material misrepresentation of its gross sales revenues on its liability insurance application.
  • Successfully defended, on appeal, the lower court’s grant of summary judgment in favor of a legal malpractice insurer sued for bad faith based on its refusal to defend an insured attorney based on the policy’s “prior acts” exclusion.

Outside the office, Scott seeks every opportunity to support his community, regularly volunteering his time at his church and with Sacramento area service organizations, charities, arts organizations, and educational events. Scott also enjoys artisan cheese making, classical and sacred music, and hiking and skiing in the high Sierra and Lake Tahoe with his wife, Anna, and their son and daughter.