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 preliminary injunction in favor of GMSR client barring former insurance agent’s continued use of confidential policyholder information

Farmers Insurance Exchange et al. v. St. Fleur (2011) 2011 Cal.App. Unpub. LEXIS 9331 (California Court of Appeal, Second Appellate District, Division Two) [unpublished]. The Court of Appeal affirmed with directions a preliminary injunction in favor of GMSR’s client Farmers against its former insurance sales

Bridal Images v. Truck Insurance Exchange (Feb. 10, 2010, B213083) 2010 WL 447847 [nonpublished opinion]

The plaintiff, a designer and merchant of bridal gowns and accessories, sued its insurer, GMSR’s client, for breach of contract and insurance bad faith, after the insurer refused to pay a substantial water-damage claim resulting from a broken fire sprinkler. The insurer obtained summary adjudication

Court of Appeal confirms that insurer was justified in denying insurance benefits

Bridal Images, Inc. v. Truck Insurance Exchange (2010) 2010 Cal.App. Unpub. LEXIS 1001 (California Court of Appeal, Second Appellate District, Division Five) [unpublished]. The plaintiff, a designer and merchant of bridal gowns and accessories, sued its insurer, GMSR’s client, for breach of contract and insurance

Compulink Management Center, Inc. v. St. Paul Fire and Marine Insurance Co. (2008) 169 Cal.App.4th 289

Insured must arbitrate amount of defense fees owed where defense eventually provided even if claiming bad faith delay

Peralda v. Fire Insurance Exchange (Sept. 22, 2008, B198663) 2008 WL 4292675 [nonpublished opinion]

Plaintiff insureds sued GMSR’s client, claiming a bad faith denial of their fire loss claim. The carrier denied coverage because the insured admitted to providing inaccurate information and refused to answer other questions concerning their claim. During the course of the investigation, the carrier learned

Pavey v. Farmers Insurance Exchange (July 22, 2008, D050922) 2008 WL 2811193 [nonpublished opinion]

GMSR’s client, an insurer, terminated its agreement with one of its agents. The agreement called for the agent to turn over certain materials and rights and to refrain from soliciting existing policyholders for one year. The agreement also called for certain post-termination payments to the

Edwards v. Fire Insurance Exchange (Mar. 24, 2008, D050041) 2008 WL 762096 [nonpublished opinion]

Claim for insurance benefits by purported assignee of policy

Lyons v. Fire Insurance Exchange (2008) 161 Cal.App.4th 880

A former professional baseball player and sometime network announcer made advances in a hotel hallway to a woman who had been flirting with him. He pulled her aside in order to do so. When she sued, he sought a defense under his homeowner’s policy, claiming

Dent v. Farmers Insurance Group of Companies (July 24, 2007, B182249) 2007 WL 2111016 [nonpublished opinion]

Plaintiff became an insurance agent with GMSR’s client, an insurance carrier. Several years later the carrier terminated her when she did not meet the carrier’s expectations. She sued, claiming that various things she had been told – about how much she might earn, about her

RLI Insurance Co. v. CNA Casualty of Cal. (2006) 141 Cal.App.4th 75

RLI held that an excess insurer cannot sue a primary carrier in subrogation for bad-faith refusal to settle, where the underlying claim was not tried and the insured suffered no excess judgment.  Laurie persuaded Division 2 of the Second District to reject Division 1’s contrary

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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