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.

Scottsdale Insurance Co. v. MV Transportation (2005) 36 Cal.4th 643

Reimbursement of attorney fees and costs insurer paid for defense when ultimately determined that policy never afforded potential coverage (amicus curiae brief)

396 Investments, Inc. v. Farmers Insurance Exchange, 2005 Cal.App. Unpub. LEXIS 4876

Reduction of $25 million punitive damage award to $1 million

Jonathan Neil & Associates, Inc. v. Jones (2004) 33 Cal.4th 917

Scope of administrative agency jurisdiction over insurance rating issues; exhaustion of administrative remedies

Cassim v. Allstate Insurance Co. (2004) 33 Cal.4th 780

How Brandt fees should be awarded in contingent fee bad faith cases (amicus curiae brief)

Civil Services Insurance Co. v. Hendrickson (July 31, 2003, A098288)

Homeowner’s policy coverage for alleged accidental killing

City of Cypress v. CIPA (2003) (Arbitration Decision)

Denial of insurance coverage to city by joint powers authority

Velasquez v. RE/MAX Big Bear (2003) 2003 Cal. App. Unpub. LEXIS 4936

Liability for injuries to homeowner’s guest caused by appliance defectively installed by unlicensed handyman hired by real estate agency

Oct 04, 2002 Related Cases
Barratt American, Inc. v. Transcontinental Insurance Company (2001) 102 Cal.App.4th 848

Duty to indemnify real estate developer for repairs and upgrades to homes whose owners never sued the developer

Sep 10, 2002 Related Cases
Hanstad v. Truck Ins. Exch. (Sept. 10, 2002, B143750) 2002 WL 31045505 [nonpublished opinion]

$40 million punitive damages award reversed because trial court improperly usurped jury’s role in determining facts regarding managing agent’s ratification of tortious conduct

Levitsky v. Farmers Ins. Group of Companies (June 10, 2002, A096220) 2002 WL 1278071 [nonpublished opinion]

Requirement that medical bills be submitted within 60 days of treatment to be covered

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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