Scott F. Bertschi is a partner in the Insurance Coverage, Professional Liability Defense, and Data Breach Response Practices. He is also leader of the Insurance Coverage Practice.
Mr. Bertschi focuses his practice on the insurance industry. He represents insurance companies in litigating coverage disputes, including the institution of declaratory judgment actions and actions to rescind insurance policies, the defense of breach of contract actions and actions in which the insured alleges bad faith or extra-contractual damages, and actions between insurance companies to resolve allocation and relative priority issues. He also advises insurance companies on all aspects of the claims-resolution process, including the provision of coverage opinions, advice on the allocation of indemnity payments, strategies to minimize the risk of bad faith suits and suits to collect consent judgments, and advice as monitoring counsel. Mr. Bertschi’s knowledge and experience with insurance claims has led him to provide transactional advice to non-insurance-company clients regarding issues such as the interaction of insurance programs with mergers and acquisitions, the existence of an insurable interest in the context of the financing of life settlement contracts, and the use of captive insurance companies or other alternative risk-transfer mechanisms.
Mr. Bertschi’s insurance practice covers a wide range of insurance products, including professional liability policies, director and officers policies, cyber-risk policies, and commercial general liability and property policies. He has a particular wealth of experience in the substantive law regarding professional malpractice liability. Accordingly, Mr. Bertschi regularly represents lawyers and other professionals in malpractice suits and ethics investigations.
Mr. Bertschi’s practice is national in scope, litigating coverage disputes in more than 20 jurisdictions and rendering coverage opinions on topics in more than 35 jurisdictions. He is an active participant in the legal community. He has authored numerous articles and publications and lectured at many seminars on insurance-related topics. Most recently, he edited the book entitled The Law of Lawyers’ Liability which surveys the legal malpractice laws of each of the fifty states on a state-by-state basis. He is the past chair of the Tort and Insurance Practice Section of the State Bar of Georgia and he is the current co-chair of the American Bar Association Litigation Section’s Professional Liability Litigation Committee. Mr. Bertschi is also actively involved in the Insurance Coverage Litigation Committee of the ABA Litigation Section and the ABA’s Standing Committee on Lawyer’s Professional Liability.