Wins

Ninth Circuit affirms summary judgment for GMSR’s insurer client

GMSR represented Steadfast Insurance Company on appeal in a dispute with another insurer suing on the assigned rights of Steadfast’s insured.  Steadfast’s insured, a construction company, allegedly built defective roofs.  Its insurance broker failed to timely report one of the claims to Steadfast—so the broker’s malpractice insurer, Capitol Specialty, paid the construction company for that loss.  In exchange for that payment, the construction company assigned whatever claims it had against Steadfast to Capitol Specialty.

The federal district court in Nevada granted Steadfast summary judgment.  GMSR argued on appeal, and the Ninth Circuit agreed, that the construction company’s failure to comply with the insurance policy’s notice and consent provisions compelled affirmance.

Read the Ninth Circuit’s decision here:  Capitol Specialty Insurance Corporation v. Steadfast Insurance Company, et al. (9th Cir., April 16, 2025, No. 24-2314) 2025 WL 1121660.