GMSR has a long history of representing insurance carriers on a wide range of issues, including first- and third-party coverage, excess insurance, contribution and allocation claims, as well as bad faith liability issues, such as Brandt fee questions and punitive damages. GMSR’s appellate lawyers regularly use this experience to assist clients in all facets of the appellate process. The firm also counsels both carriers and policyholders regarding their potential liabilities and rights.
Carachure v. Scott (2021) 70 Cal.App.5th 16
Court of Appeal rejects plaintiff’s attempt to disavow $15,000 settlement so as to pursue a multi-million-dollar claim
Court Of Appeal Rejects Plaintiff’s Attempt To Disavow $15,000 Settlement So As To Pursue A Multi-million-dollar Claim
A plaintiff was seriously injured in an auto accident. Her counsel demanded that the defendant and the defendant’s insurance carrier settle the plaintiff’s injury claim by paying the full $15,000 policy limit. The carrier accepted and complied with all the demand’s short-fuse conditions, thereby dashing
Court Of Appeal Rejects Insureds’ Cumis Claims And Affirms Judgment For Insurer
Plaintiff insureds owned a residential property where a squatter died in during a fire. The insureds tendered the defense of the ensuing lawsuit to their insurance carrier, which hired counsel to defend the insureds. Purportedly dissatisfied with appointed counsel’s performance, the insureds demanded independent “Cumis”
Nede Mgmt., Inc. v. Aspen American Ins. Co. (2021) 68 Cal.App.5th 1121
Court of Appeal rejects insureds’ Cumis claims and affirms judgment for insurer
Durment v. Burlington Insurance Company (9th Cir. 2020) 820 Fed.Appx. 561
Underlying this insurance bad faith dispute was a lawsuit involving alleged breaches of a joint venture agreement and an intellectual property agreement. The insurers failed to defend the policyholders against an amended complaint tendered to the insurers on the eve of trial. The policyholders then
Picazzo v. C.W. Driver, Inc. (Feb. 28, 2020, B289070) 2020 WL 967087 [nonpublished opinion]
GMSR obtains $2.8 million appellate victory for workers’ compensation carrier
GMSR obtains $2.8 million appellate victory for workers’ compensation carrier
GMSR’s client, a workers’ compensation carrier, paid benefits to an injured employee of its insured, a security company. The employee sued others for negligence, including the university where he had been assigned to work for a number of years. The jury found the university at
Endurance American Specialty Insurance Company v. Bennington Group, LLC (Jan. 31, 2020, B285909) 2020 WL 502631 [nonpublished opinion]
Court of Appeal affirms summary judgment in favor of insurance carrier, foreclosing $11 million claim
Court of Appeal affirms summary judgment in favor of insurance carrier, foreclosing $11 million claim
Endurance American Specialty Insurance Company v. Bennington Group
In a unanimous unpublished opinion, the Second Appellate District, Division Five has affirmed a summary judgment in favor of GMSR’s carrier client on the ground that a misrepresentation in the insurance application entitled the insurer to rescind the insurance policy. Rescission allows the carrier to avoid indemnity coverage and a claim for breach of the implied covenant regarding a $11 million judgment against the insured.
United Farmers Agents Association, Inc. v. Farmers Group, Inc. (2019) 32 Cal.App.5th 478
An insurance company can terminate its agents for reasons not specifically listed in the governing agency agreements
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Who We Serve
Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.
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