Cases

GMSR has an enviable record of success on appeal. For your convenience, the firm has provided a simple search tool for guests and clients to search that record.

62 Case Results
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Oakes v. Progressive Transportation Services, Inc. (2021) 71 Cal.App.5th 486

Following a fender-bender, plaintiff was treated for minor injuries covered by workers’ compensation insurance.  Plaintiff nevertheless sued the other driver’s employer (GMSR’s client) for millions of dollars, and rejected a Code of Civil Procedure section 998 settlement offer.  The jury awarded plaintiff less than the

Ray v. State Farm Mutual Auto. Ins. Co. (9th Cir. Oct. 21, 2021, No. 20-55989) 2021 WL 4902357

Plaintiffs injured in a car accident obtained an assignment of the at-fault driver’s rights and sued the driver’s insurance carrier for bad faith.  They alleged that they had sent the carrier a settlement demand letter, but the carrier failed to timely accept.  The carrier moved

Carachure v. Scott (2021) 70 Cal.App.5th 16

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

Nede Mgmt., Inc. v. Aspen American Ins. Co. (2021) 68 Cal.App.5th 1121

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”

Picazzo v. C.W. Driver, Inc. (Feb. 28, 2020, B289070) 2020 WL 967087 [nonpublished opinion]

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]

In a unanimous unpublished opinion, the Second Appellate District, Division Five has affirmed a summary judgment in favor of GMSR’s carrier client on the ground that a misrepresentation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

United Farmers Agents Association, Inc. v. Farmers Group, Inc. (2019) 32 Cal.App.5th 478

An insurance agent trade association sued seeking a declaration that GMSR’s insurance company client can only discipline or terminate its agents for cause (which did not include how the agency was operated) and asserted that the governing Agency Appointment Agreements were unconscionable in allowing either

Yu v. Liberty Surplus Ins. Corp. (2018) 30 Cal.App.5th 102

Plaintiff sued a general contractor for defective construction work at the Anaheim hotel she owned; the general contractor cross-complained against a group of subcontractors.  After settling with the general contractor, plaintiff substituted in as the real party in interest on the general contractor’s cross-complaint and

Smith v. Farmers Group, Inc. (May 14, 2018, B266242) 2018 WL 2192426 [nonpublished opinion]

Plaintiff, a district manager for defendants sued Farmers Insurance for various claims, most of which were dependent on the existence of an employer-employee relationship. The trial court granted summary adjudication in defendants’ favor on nine causes of action, finding that plaintiff was an independent contractor—not