Wins

GMSR has a stellar track record and reputation as writs and appeals attorneys. Below is a sample of recent wins for our clients.

GMSR wins insurance contribution case in Oregon Supreme Court

GMSR’s client Continental Casualty Company paid over $25 million in defense costs for an industrial insured facing environmental claims at the Portland Harbor Superfund Site.  Continental sued its co-insurers for contribution.  A few months before trial, one of the defendant insurers moved for dismissal, claiming

GMSR wins reversal of defense judgment and remand for new trial of carrier’s $5 million fraud claim

Federal Insurance Company and GMSR client Truck Insurance Exchange were liability insurers for the same insured.  In a previous lawsuit, Federal sued Truck for reimbursement on the premise that Federal’s duty to defend under the insured’s excess policy depended on the exhaustion of the primary

Ninth Circuit affirms summary judgment for GMSR’s insurer client

GMSR represented Steadfast Insurance Company on appeal in a dispute with another insurer suing on the assigned rights of Steadfast’s insured.  Steadfast’s insured, a construction company, allegedly built defective roofs.  Its insurance broker failed to timely report one of the claims to Steadfast—so the broker’s

Court of Appeal affirms that a homeowner’s non-specific request to an insurance agent to cover “everything in the house” creates no duty requiring the agent to advise the insured about the inadequacy of their jewelry coverage

A homeowner sought insurance coverage for his $9.5 million home in Los Angeles.  He advised an insurance agent for Fire Insurance Exchange that he wanted a policy that covered “everything in the house, fully and completely.”  The agent said “okay.”  Fire issued a homeowner’s policy

Court of Appeal affirms summary judgment, holding that insurance policy does not cover infringement of models’ rights of publicity

GMSR’s insurer client issued a commercial general liability (CGL) policy to a nightclub.  Club employees obtained various models’ photographs and used them in social media posts promoting the club.  The models’ rights-management company sued the club, alleging that it had used the photographs without permission

GMSR defeats entertainment company’s novel appeal for pandemic coverage

Endeavor Operating Co., a media and entertainment producer, sued its commercial property insurer for coverage of losses it experienced during the COVID-19 pandemic.  Endeavor argued that governmental restrictions on its ability to use venues, and property damage supposedly caused at unnamed venues by the virus

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

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

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

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

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

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.

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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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