Stacy L. La Scala, Esq.

T: 714-939-1300
F: 714-939-8710
Insurance

Stacy L. La Scala, Esq. has extensive experience handling insurance-related disputes as a full-time neutral and previously as coverage counsel. He has mediated a wide range of matters, including coverage disputes among carriers, bad faith, subrogation, contribution, and allocation actions—among others.

Mr. La Scala previously served as a regional director and national litigation director for a large property casualty carrier. In private practice, he represented individuals, policyholders, and businesses in insurance matters. His litigation experience provides him with an in-depth working knowledge of the insurance industry and its nuances and complexities. He is well versed in the issues important to all sides of a dispute, having served as plaintiffs’, defense, and in-house counsel.

Mr. La Scala also authors the insurance tort sections for Thompson Reuters California Civil Practice.

Representative Matters

  • Bad faith action for denial of duty to defend and duty to indemnify based upon unsatisfied self-insured retention. Action arose out of construction defect dispute that included Brandt fee and punitive damage claims.
  • Bad faith claim against non-admitted carrier on modified insuring agreement language and duty to defend
  • Bad faith claims against insurer for failure to defend based upon ongoing operations versus completed operations endorsement
  • Contribution, subrogation, and declaratory relief action involving defense fee and indemnity claims among numerous commercial general liability (CGL) primary and additional insured carriers
  • First-party bad faith claim by insured involving denial of coverage arising from property fire loss and improper valuation
  • California Insurance Code §11580 action by assignee to insured’s claims arising from breach of duty to defend and stipulated judgment
  • Intervention action by carrier against subcontractors for subrogation and indemnity in and arising from underlying 202 single-family home tract construction defect action
  • Subrogation action involving multi-million-dollar indemnity claims among primary and excess carriers, including evidence and timing of exhaustion of policies
  • Subrogation, contribution, and Buss action by national insurance carrier against its insured, co-carriers, and subcontractors for re-allocation of defense fees and costs

Honors, Memberships, and Professional Activities

  • ADR Trainings
    • National Conflict Resolution Center, Mediation Skills Training, 2010
  • Memberships
    • American Bar Association - Forum on Construction Law and Litigation Sections
    • California Board of Realtors, 2010-2013
    • California Horse Racing Board - Licensed Owner, 2002-2006
    • Claim and Litigation Management Alliance - Mediator/Arbitrator Member, 2016 - Present
    • United States District Court - Northern, Central & Southern Districts, 1990-present
  • Recent Publications
    • Co-Author, Thomson Reuters’ treatise Torts (California Civil Practice Series), 2013-2017 editions
    • Chapters on Arbitration; Bad Faith Actions; Duties of Insurer; Duties of Insured; Declaratory Relief Actions; Complaints and Cross-Complaints in Bad Faith Actions; Answers and Pretrial Proceedings in Bad Faith Actions
  • Recent Seminars/Presentations
    • Presenter, “Reallocation Actions and Settlement Agreements: What did we settle?”, Orange County Bar Association, Newport Beach, CA., August 2017
    • Panelist, “Leveling The Playing Field To Avoid Problems Down The Road”, West Coast Construction Defect Seminar, Anaheim, CA., May 2017
    • Moderator, Riverside Superior Court Judges Roundtable, Construction Defect Claims Managers Biannual Meeting, Anaheim, May 2017
    • Presenter, “Ethics in Alternative Dispute Resolution”, Multiple Law Firms throughout California, 2016-2017
    • Moderator, “Groundhog Day – Negotiating Settlement Agreements to Avoid Re-Litigation”, 2016 Claims Litigation Management National Construction Conference, San Diego, CA., September 2016
    • Presenter, “Reallocation Actions – Round 2 Actions the New Normal, Orange County Bar Association, Newport Beach, CA., August 2016
    • Panelist, “If it Ain’t Broke, It Doesn’t Pay to Sue: Why Products Claims in CD Cases Are Not Easy Money,” West Coast Casualty Construction Defect Seminar, Anaheim, CA, May 2016
    • Panelist, “Summary Judgments & Their Impact Across Multiple West Region States,” MC Consultants Construction Litigation and Insurance Coverage Conference, San Diego, CA, September 2015
    • Speaker, “Crawford Collections, Insurer Interventions, and Additional Insured Buyouts: A ‘New Normal’ in Litigation and Mediation of CD Claims?” Construction Defect Claim Managers Association, San Diego, CA, September 2015
    • Speaker, “Vanishing AIS and Crawford,” California Developer and General Contractor Counsel, San Diego, CA (March 2014) and Los Angeles, CA, February 2014
    • Speaker, “Owner Controlled Insurance Programs (OCIPS)/Wraps and SIRS,” May 2013
    • Panelist, “Can Coverage Issues be Resolved Prior to Mediation?” MC Consultants Construction Litigation and Insurance Coverage Conference, San Diego, CA, September 2012
    • Speaker, “Additional Insured Endorsements and Contractual Indemnity Provisions,” Burlington Insurance Company, 2006
  • ADR Profiles
    • "People Savvy," ADR Profile, Daily Journal, August 11, 2017

Background and Education

  • Full-time Mediator, Arbitrator, Settlement Referee, and Special Master, Arbitration, Mediation & Conciliation Center, 2011-2015
  • Partner, La Scala & Associates, 2008-2011
  • Attorney, Selman Breitman LLP, 2007-2008
  • Attorney, Weston & McElvain LLC, 2003-2007
  • Attorney, Travelers Insurance, 1997-2003
    • National Litigation Director – Construction Defect Claim Department
    • National Trial Committee Director
    • Regional Claims Director – California, Nevada & Arizona

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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