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 holds that motor vehicle exclusion in a homeowners insurance policy applies to negligent supervision of a child killed by the family vehicle

Farmers Insurance Exchange v. Superior Court (Bautista) (2013) 220 Cal.App.4th 1199 (California Court of Appeal, Second Appellate District, Division Seven) [published]. Despite tragic facts, the Court of Appeal issued a writ of mandate, holding that GMSR’s insurance-carrier client owed no coverage under a homeowners insurance

Adamo v. Fire Insurance Exchange (2013) 219 Cal.App.4th 1286

Court of Appeal affirms judgment for GMSR’s insurance carrier client in a coverage dispute involving “other structures.”

Court of Appeal affirms judgment for GMSR’s insurance carrier client in a coverage dispute involving “other structures”

Adamo v. Fire Insurance Exchange (2013) 219 Cal.App.4th 1286 (California Court of Appeal, Fourth Appellate District, Division One) [published]. When San Diego wildfires damaged landscaping on a homeowner’s property and several detached outbuildings, GMSR’s insurance-carrier client reimbursed the homeowner’s losses in excess of $100,000, exhausting

Truck Insurance Exchange v. Superior Court (July 31, 2013, A137420) 2013 WL 3984597 [nonpublished opinion]

GMSR obtains writ of mandate preventing disclosure of attorney-client privileged documents and communications

GMSR obtains writ of mandate preventing disclosure of attorney-client privileged documents and communications

Truck Insurance Exchange v. Superior Court (Golden State Developers, Inc.) (2013) 2013 Cal.App. Unpub. LEXIS 5487 (California Court of Appeal, First Appellate District, Division One) [unpublished]. In an insurance coverage dispute, the trial court, purporting to apply the crime-fraud exception to the attorney-client privilege, ordered

Court of Appeal affirms summary judgment for GMSR’s client, rejecting insurance coverage of slow, continuous water leak

Brown et al. v. Mid-Century Insurance Company (2013) 215 Cal.App.4th 841 (California Court of Appeal, Second Appellate District, Division Seven) [published].  A water pipe corroded over several decades until water began to leak from two small holes and collect underneath the insureds’ house.  The leak

Brown v. Mid-Century Insurance Co. (2013) 215 Cal.App.4th 841

Court of Appeal affirms summary judgment for GMSR’s client, rejecting insurance coverage of slow, continuous water leak

Court of Appeal affirms summary judgment in favor of GMSR’s carrier client in first-party coverage dispute

Cardio Diagnostic Imaging, Inc. v. Farmers Group, Inc. et al. (2012) 212 Cal.App.4th 69 (California Court of Appeal, Second Appellate District, Division Two) [published]. When a sewer backed up in the building where plaintiff had its office, water overflowed a toilet in an upper-floor office

Cardio Diagnostic Imaging, Inc. v. Farmers Group, Inc. et al. (2012) 212 Cal.App.4th 69

Affirming judgment for GMSR’s client, Court of Appeal holds that insurance policy exclusion for damage caused by water that “backs up or overflows” unambiguously applies to damage caused by toilet overflow due to blocked drain or sewer

Guerrette v. Farmers Group, Inc. (Nov. 28, 2012, B237819) 2012 WL 5936702 [nonpublished opinion]

Plaintiff lost his house and much of his personal property in a fire. His insurance carrier, GMSR’s client, stopped paying his claim upon discovering that plaintiff had made four material misrepresentations in the submission of his claim. At the trial of his suit for breach

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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