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.

An insurance company can terminate its agents for reasons not specifically listed in the governing agency agreements

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

Court of Appeal affirms trial court’s order voiding jurisdictionally invalid default judgment

Court of Appeal affirms trial court’s order voiding jurisdictionally invalid default judgment

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]

Defendants were not collaterally estopped from asserting plaintiff’s independent-contractor status

GMSR Successfully Defends Insurer In Bad Faith Action

An insured of GMSR’s client, Farmers Insurance, was injured when another driver rear-ended his car.  He sued the other driver, and she sued him back, not for the accident, but for an alleged verbal assault that occurred after the accident.  Farmers declined to defend the

GMSR wins affirmance of judgment for insurer in insurance coverage dispute

An insured and his wife held two policies with a particular insurer, GMSR’s client:  a homeowners’ policy covering their own home and a special-dwelling policy covering a subdivided rental home.  The insured also had an auto coverage policy with a different carrier.  Both houses were

GMSR wins appeal in contract dispute between insurers

National Fire Ins. Co. of Hartford v. Great American Ins. Co. (Mar. 1, 2017, B264238) 2017 WL 784661.  Hundreds of diners developed hepatitis, and several died, after consuming tainted green onions.  Two insurers of a company in the distribution chain agreed to transfer control of

Nat’l Fire Ins. Co. of Hartford v. Great American Ins. Company (March 1, 2017, B264238) 2017 WL 784661 [nonpublished opinion]

Hundreds of diners developed hepatitis, and several died, after consuming tainted green onions.  Two insurers of a company in the distribution chain agreed to transfer control of (at least) that company’s defense to the insurer with greater policy limits.  Years later, a jury found that

GMSR is presenting at the 27th annual ACIC General Counsel Seminar

GMSR is proud to support and sponsor the 27th annual ACIC General Counsel Seminar in Las Vegas, July 26-27, 2016. The Association of California Insurance Companies (ACIC) is committed to advocacy on behalf of the California insurance marketplace with the goal of promoting the availability

Garcia v. Holt (2015) 242 Cal.App.4th 600

Court of Appeal holds that GMSR’s landlord clients had no duty to inspect tenants’ unit for dangerous bombmaking activities

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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