Partner

Atlanta
1230 Peachtree Street NE
Suite 1750
Atlanta GA 30309
TEL: (470) 867-3052
FAX: (612) 336-9100
sbertschi@zellelaw.com
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Practice Areas

• Bad Faith and Extra-Contractual Liability
• Cyber Risk and Losses
• General Liability Coverage and Defense
• Professional Liability

Bar and Court Admissions

• State Court: Georgia
• U.S. Court of Appeals, Eleventh Circuit
• Georgia Supreme Court
• Georgia Court of Appeals
• Georgia State Courts of General Jurisdiction
• U.S. District Courts: Northern and Middle Districts of Georgia

Education

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

Scott F. Bertschi

Scott represents domestic and international insurers in complex insurance coverage disputes, claims counseling matters, and insurance-related litigation. He advises insurers on a wide range of coverage issues involving professional liability, cyber liability, directors and officers liability, commercial general liability, and other specialty insurance products. Scott regularly assists insurers with coverage analysis, claims strategy, allocation issues, settlement considerations, and other matters arising throughout the claims-handling process.

Scott has extensive experience representing insurers in declaratory judgment actions, policy rescission matters, breach of contract disputes, and litigation involving allegations of bad faith and extra-contractual damages. He also counsels insurers on policy development and drafting, including policy forms and endorsements, and provides strategic guidance designed to minimize exposure and position claims for successful resolution.

In addition, Scott has significant experience handling matters involving cyber incidents, privacy claims, ransomware events, business interruption losses, and other complex liability exposures. He is a frequent speaker and author on insurance coverage, claims handling, and emerging issues affecting the insurance industry.

Representative Matters

Professional Liability & Cyber Coverage

• Represented insurers in matters involving media liability claims arising from allegations made by a national news outlet against professional athletes.
• Assisted a cyber insurer in resolving third-party liability claims and first-party business interruption claims arising from a ransomware attack.
• Advised a medical malpractice insurer regarding coverage and response to a policy-limits settlement demand involving multiple insured physicians and an alleged wrongful death claim.

Coverage Litigation

• Represented an insurer in federal litigation involving an attempt to collect a consent judgment exceeding policy limits, resulting in dismissal of the action.
• Obtained summary judgment for an insurer in a coverage dispute involving a multimillion-dollar claim arising from a commercial real estate transaction. (American Guarantee and Liability Insurance Company v. Raymond Desautels, III, et al.)
• Successfully represented a Lloyd's syndicate insurer in appellate proceedings concerning coverage obligations related to claims against a real estate appraiser. (Certain Underwriters at Lloyd's, London v. Michael A. Voller, et al.)
• Obtained summary judgment on behalf of a legal malpractice insurer in a coverage dispute arising from a fraudulent check scheme. (Fidelity Bank v. Theodore Stapleton v. American Guarantee and Liability Insurance Co.)
• Obtained judgment on the pleadings and appellate affirmance regarding a legal malpractice insurer's duty to defend. (American Guarantee & Liability Insurance Co. v. Abram Law Group)

Insurance Products & Claims Handling

• Assisted an international insurer in revising commercial property and commercial general liability policy forms for the entertainment industry.
• Litigated a significant Georgia appellate matter addressing an insurer's right to settle claims subject to a unilateral reservation of rights. (Facility Investments, LP v. Homeland Insurance Co. of New York)

Professional Affiliations

• American Bar Association (ABA)
• • Standing Committee on Lawyer's Professional Liability
• • Insurance Coverage Litigation Committee
• • Professional Liability Litigation Committee, Past Co-Chair
• State Bar of Georgia
• • Tort and Insurance Practice Section, Past Chair
• Professional Liability Underwriting Society (PLUS)