ATTORNEY BIO
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880 Montclair Road Suite 100 Birmingham, AL 35213
Assistant
Liz Von Bergen
Legal Assistant
Practice Areas:
bio image Brett Chessin
associate

Brett practices in LGWM's Insurance Coverage Practice Group. Brett counsels insurance clients on a wide variety of complex coverage issues, including matters arising from directors and officers claims, professional liability claims, errors and omissions claims, and commercial property and casualty claims. He also assists insurers in policy drafting and interpretation, case and reserve evaluation, and regulatory compliance. Brett has represented insurers in insurance-related litigation, arbitrations and mediations in Alabama and other jurisdictions. Brett frequently participates in seminars presented to the insurance industry addressing various coverage and claim-handling issues.

Professional Profile
Member, Alabama Bar Association.
Member, Birmingham Bar Association.
Admitted
  • All Alabama State Courts
Education
Wake Forest University School of Law, J.D., 2014 cum laude - Order of the Coif - Notes and Comments Editor, Wake Forest Law Review
- Author of: Individual Liability for Wrongful Discharge in Violation of Public Policy: An Emerging Trend, 48 Wake Forest L. Rev. 1345 (2013)
- Litigation Drafting Teaching Assistant
I. Beverly Lake Award for excellence in constitutional law.
CALI Award for Excellence: Federal Income Tax, Constitutional Law, Healthcare Law and Policy, Great Jurists Seminar, Education Law
The Ohio State University, B.A., Political Science and Middle Eastern Studies, 2010 summa cum laude
CASES OF NOTE
  • Represented insurer in a judgment creditor garnishment action. Claimants obtained a $5.1 million judgment against an insured securities broker-dealer. Successfully obtained summary judgment in favor of the insurer after asserting numerous coverage defenses.
  • Represented insurer in vacating void $5 million default judgment. The insured and claimant entered into a consent judgment and the claimant pursued the insurer under Alabama’s judgment creditor statute without ever serving the insurer. After identifying procedural defects, successfully obtained an order vacating the void default judgment.
  • Represented insurer that was sued by another insurer regarding coverage in a wrongful death claim. Successfully filed a motion to dismiss, asserting the other insurer only offered conclusory allegations that the client insurer afforded coverage. Also presented evidence from the underlying lawsuit demonstrating the client’s policy did not cover the claim.
  • Represented insurer in coverage dispute arising out of real estate errors and omissions claim. Investigation uncovered demand letters which predated the relevant claims-made and reported policy period. Successfully used this coverage defense as leverage to negotiate a negligible settlement.
  • Represented insurer in coverage litigation involving equitable subrogation claims between two insurance carriers providing legal malpractice coverage to the same law firm over consecutive policy periods. Case was successfully mediated.
  • Represented insurer in an intervention action to set aside a $1.5 million default judgment against an insured after determining there was insufficient service of process. The default judgment ultimately was set aside.
  • Represented insurer against third-party complaint filed by an oil-well owner in connection with explosion of an oil well. Several workers were severely injured with one fatality. The oil-well owner sued the insurer seeking additional insured status and also asserted bad faith claims. Case was successfully mediated, with the insurer contributing less than 10% to the global settlement.
  • Represented D&O insurer in arbitration with insured who was arrested and indicted on ten counts of securities fraud under the Alabama Code. Insured sought coverage for multi-million settlement reached in the underlying action. After identifying numerous coverage defenses, the coverage case was resolved for a fraction of the insurer’s policy limit at mediation.
  • Represented insurer in insurance fraud investigation. Determined through records review and interviews that the insured applied for insurance after bodily injury to an employee. Secured admission from the insured that he had knowledge of the bodily injury prior to obtaining coverage, which allowed insurer to rescind policy for material misrepresentations in application.
  • Represented workers’ compensation insurer when co-employees of an injured worker tendered the claims asserted against them. Advised insurer on issues concerning insured status and the scope of claims which fall under the Alabama Workers’ Compensation Act.
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