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Scott Levitt

Scott Levitt advises corporate policyholders on complex insurance matters. He helps clients evaluate and negotiate sophisticated insurance programs and maximize recoveries under virtually every type of insurance policy. His practice spans the full insurance lifecycle, from evaluating coverage needs and risk profiles to policy placement, renewal, and claims strategy. In more than three decades of policyholder-side practice, Scott has resolved disputed insurance claims through negotiation, alternative dispute resolution, and litigation, securing substantial recoveries for clients.

Scott’s practice focuses on insurance for cyber, privacy, and AI risks, including ransomware/cyber extortion attacks, data breaches, system failures, business interruption losses, social engineering fraud, and regulatory investigations. Before an incident, he advises policyholders on designing tailored insurance programs, including manuscripted and multinational policies, to protect against these risks. Working with clients’ risk management teams and brokers, Scott helps procure policy enhancements to maximize coverage. After a loss or event, he counsels clients on protecting their insurance rights and maximizing recovery efficiently.

Scott also counsels public and private companies on commercial insurance issues, including first-party and third-party losses, claims under directors and officers (D&O), errors and omissions (E&O), employment practices liability (EPLI), fiduciary liability, crime, commercial general liability (CGL), umbrella and excess liability, environmental impairment insurance (EIL), and property damage and business interruption insurance.

In his pro bono practice, Scott represents veterans, immigrants, and nonprofit organizations. Recent work includes representing individuals seeking asylum, advising veterans on benefits and military discharge upgrades, and counseling nonprofit and public-interest organizations, including journalism and educational nonprofits, on risk management and operational issues.

Digital Health

In this bonus edition of our checkup series, Covington’s global cross-practice Digital Health team considers some additional key questions about product liability and insurance coverage that companies across the life sciences and technology sectors should be asking as they seek to fit together the regulatory and commercial pieces of the complex digital health puzzle.

1. What are the key questions when crafting warnings and disclosures?

If your product is regulated, your warnings and disclosures will need to comply with any relevant regulations. In the case of a product not regulated by the FDA or equivalent regulatory body, first consider how your warnings and disclosures will be incorporated into the use of the product.

Some disclosures, like an explanation of the data source used by software, may fit best in terms and conditions that a user sees before using the product. Key warnings, however, may be more appropriately placed as part of the user experience.

Example: A warning that patients should consult their doctors if necessary may need to be placed in proximity to specific medical content.

Best Practice: Consider your intended audience: are you writing warnings for doctors, patients, or institutions? The appropriate types of disclosures will vary across populations. Patient-directed warnings may also need to be written in simplified language.

Best Practice: Consider whether it is appropriate for your product to have users to accept or otherwise be required to agree to the warnings and disclosures.

Continue Reading Digital Health Checkup (Bonus): Product Liability and Insurance Coverage