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.
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
Banc of California National Association v. Federal Insurance Company (9th Cir. Dec. 12, 2022, No. 21-56179) 2022 WL 17583056
GMSR gets summary judgment reversed for bank seeking insurance coverage of forgery loss
The Ninth Circuit affirms dismissal of Covid-related insurance coverage suit against GMSR’s client based on policy’s exclusions
A California-based healthcare facility operator sued its insurance carrier after the carrier denied coverage for the facility’s alleged Covid-19-related losses. Like dozens of other unsuccessful Covid-19-era lawsuits against insurance carriers, it alleged “direct physical loss of or damage” to its property from the presence of
Palomar Health v. American Guarantee and Liability Insurance Company (9th Cir. July 28, 2022, No. 21-56073) 2022 WL 3006356 [mem. disp.]
The Ninth Circuit affirms dismissal of Covid-related insurance coverage suit against GMSR’s client based on policy’s exclusions
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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.
GMSR represents insurers on appeal effectively and efficiently. We also collaborate with our clients and trial counsel on strategy for coverage, contribution and bad faith litigation before appeals begin.
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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