Insurance Law

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.

Court of Appeal affirms summary judgment, holding that insurance policy does not cover infringement of models’ rights of publicity

GMSR’s insurer client issued a commercial general liability (CGL) policy to a nightclub.  Club employees obtained various models’ photographs and used them in social media posts promoting the club.  The models’ rights-management company sued the club, alleging that it had used the photographs without permission

GMSR defeats entertainment company’s novel appeal for pandemic coverage

Endeavor Operating Co., a media and entertainment producer, sued its commercial property insurer for coverage of losses it experienced during the COVID-19 pandemic.  Endeavor argued that governmental restrictions on its ability to use venues, and property damage supposedly caused at unnamed venues by the virus

Endeavor Operating Company, LLC v. HDI Global Insurance Company (2023) 95 Cal.App.5th 839

GMSR defeats entertainment company’s novel appeal for pandemic coverage

Ninth Circuit affirms dismissal of hotel’s property insurance claim for pandemic-related business losses

HT-Seattle, operator of a large Seattle-area hotel and conference center, suffered business losses during the COVID-19 pandemic. HT-Seattle sued its property insurer (GMSR’s client) to cover these losses, claiming that the presence of COVID-19 virus at the hotel constituted “direct physical loss or damage” to

HT-Seattle Owner, LLC v. Am. Guar. & Liab. Ins. Co. (9th Cir. May 19, 2023, No. 21–35916) 2023 WL 3562996 [mem. disp.]

Ninth Circuit affirms dismissal of hotel’s property insurance claim for pandemic-related business losses

Court of Appeal affirms dismissal of movie theater’s property insurance claim for pandemic-related business losses

During the COVID-19 pandemic, Starlight Cinemas suffered business losses as a result of government closure orders and reduced ticket and concession sales.  Starlight sued its property insurer (GMSR’s client) to cover these losses, claiming the closures and reduced attendance constituted “direct physical loss” to its

Starlight Cinemas, Inc. v. Massachusetts Bay Insurance Company (2023) 91 Cal.App.5th 24

Court of Appeal affirms dismissal of movie theater’s property insurance claim for pandemic-related business losses

GMSR notches another appellate win in high-stakes COVID insurance litigation

Plaintiff In-N-Out Burgers sought coverage from its property insurer for losses it argued were sustained as a result of the COVID-19 virus.  Like dozens of other unsuccessful COVID-19-era lawsuits against insurance carriers, it argued there was “direct physical loss of or damage” to its property

In-N-Out Burgers v. Zurich Am. Ins. Co. (9th Cir. Mar. 10, 2023, No. 22-55266) 2023 WL 2445681 [mem. disp.]

GMSR notches another appellate win in high-stakes COVID insurance litigation

GMSR gets summary judgment reversed for bank seeking insurance coverage of forgery loss

GMSR’s client, a bank, issued a sizable loan, relying for collateral on the borrower’s trust account at another bank.  To secure the loan, the borrower provided an Account Control Agreement that gave GMSR’s client control over the other bank account in case of default.  The

Who We Serve

PUBLIC ENTITIES

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.

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INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

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TRIAL COUNSEL

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.

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INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

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COMMUNITY PRO BONO

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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