Brett is a Shareholder in Hill Ward Henderson's Litigation Group and is the firm's General Counsel. Although his trial practice emphasizes legal malpractice defense and life, health, and disability insurance defense, Brett also represents clients involved in other serious personal injury, products liability, insurance, and commercial disputes with high potential exposure. He is also a Certified Circuit Mediator, and has expanded his practice to include mediating complex commercial, insurance, professional liability, and personal injury cases.
Recent and current examples of the kinds of cases Brett handles include: defending lawyers and firms in complex legal malpractice cases involving millions of dollars in potential damages; litigating the rescission of multi-million dollar "STOLI" policies; defending consumer and ERISA class actions; guiding an insurer through the rescission of a multi-million dollar professional liability policy and the insurer's good faith obligations under remaining coverage; defending claims for disability benefits; serving as an "ethics" expert; and defending a pharmaceutical company in products liability litigation.
Modder v. American National Life Insurance Company of Texas — The Florida Supreme Court, on certification from the Eleventh Circuit Court of Appeals, considered as a matter of first impression the proper interpretation of an attorneys fees provision in the Florida Insurance Code. The Court held that a prevailing plaintiff could not recover attorneys fees unless the insurance policy at issue satisfies certain criteria to make that part of the insurance code applicable. This decision limited what had been a more broad understanding of the circumstances under which prevailing plaintiffs were entitled to recover attorneys fees from insurance companies in Florida.