Scott F. Bertschi focuses his practice on insurance coverage, professional liability defense and data breach response. 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.

Scott'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. Scott regularly represents lawyers and other professionals in malpractice suits and ethics investigations. His experience with insurance claims has led him to provide advice to insurance companies regarding product development, including assisting his clients in drafting policy forms and endorsements.

Scott is an active participant in the legal community and has authored numerous articles and publications and presented on insurance-related topics. Most recently, he edited the book, "The Law of Lawyers’ Liability," which surveys the legal malpractice laws of the United States on a state-by-state basis. He was recently recognized by Best Lawyers in America as a leading lawyer in insurance litigation.

Admissions

  • Georgia
  • Georgia Court of Appeals
  • Supreme Court of Georgia
  • US Courts of Appeals for the First, Fourth and Eleventh Circuits
  • US District Courts for the Northern, Middle and Eastern Districts of Georgia

Education

  • J.D., with distinction, Emory University School of Law, 1994. Order of the Coif. Robert W. Woodruff Scholar. Executive Managing Editor for the Emory Law Journal.
  • Honors Program, Economics, University of St. Andrews, 1991. Robert T. Jones Scholar.
  • B.A., summa cum laude, Economics and Political Science, Emory University, 1990. Dean's Scholar. Phi Beta Kappa and Omicron Delta Kappa.

Memberships

  • State Bar of Georgia, Tort and Insurance Practice Section, past chair
  • American Bar Association
    • Standing Committee on Lawyer’s Professional Liability
    • Litigation Section
      • Insurance Coverage Litigation Committee
      • Professional Liability Litigation Committee, past co-chair