Shareholder
Brett Chessin
Brett practices in LGWM’s Insurance Coverage and Professional Liability Practice Groups. Brett represents insurance clients on a wide variety of complex coverage issues, including matters arising from directors and officers claims, profes... Read More »
880 Montclair Road, Suite 100, Birmingham, AL 35213
Full Bio
Brett practices in LGWM’s Insurance Coverage and Professional Liability Practice Groups. Brett represents 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, cyber liability claims, and commercial general liability claims. Brett has represented insurers in insurance-related litigation, arbitrations, and mediations in numerous jurisdictions throughout the U.S. Brett frequently participates in seminars presented to the insurance industry addressing various coverage and claim-handling issues.
Brett also assists insurance carriers’ Special Investigative Units in investigating suspicious fire and theft claims and other claims involving suspicion of fraud.
Brett represents professional clients in the insurance industry, including errors and omissions actions against insurance agents and brokers.
Professional Profile
Member, Alabama Bar Association
Member, Birmingham Bar Association
Admitted
All Alabama State Courts
The United States District Courts for the Northern, Middle, and Southern Districts of Alabama
Education
Wake Forest University School of Law, J.D., cum laude (2014); Order of the Coif; Wake Forest Law Review
The Ohio State University, B.A., Political Science and Middle Eastern Studies, summa cum laude (2010)
Presentations
- “‘Arising Out Of’: Broad and Narrow Interpretations in Liability Policies,” LGWM Client Presentation (December 2023)
- “Handling Duty to Defend Cases,” LGWM Client Presentation (October 2023)
- “‘Other Insurance’ Considerations for Professional Liability and Cyber Claims,” LGWM Client Presentation (December 2022)
- “Independent Counsel: Issues Every Claim Handler Should Know,” LGWM Client Presentation (December 2021)
- “Critical Issues and Emerging Trends in Errors & Omissions Liability Insurance,” LGWM Client Presentation (May 2018)
- “Common Coverage Issues That Can Arise Under Digital-Technology and MPL Policies,” LGWM Client Presentation (May 2015)
Publications
Brett Chessin, Individual Liability for Wrongful Discharge in Violation of Public Policy: An Emerging Trend, 48 Wake Forest L. Rev. 1345 (2013).
Cases of Note
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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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- Advised E&O insurer on additional insured status and allocation issues associated with a wrongful death lawsuit pending in Jefferson County, TX.
- Advised cyber liability insurer on allocation and subrogation issues involved in an underlying data breach lawsuit.
