Wins

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

The Ninth Circuit Affirms Dismissal Of Covid-Related Insurance Coverage Suit Against GMSR’s Client Based On Policy’s Exclusions

A California-based healthcare facility operator sued its insurance carrier after the carrier denied coverage for the facility’s alleged Covid-19-related losses.  Like dozens of other unsuccessful Covid-19-era lawsuits against insurance carriers, it alleged “direct physical loss of or damage” to its property from the presence of

Court of Appeal Affirms Judgment For GMSR Client, Making New Law On The Interplay Of Two Statutes

Following a fender-bender, plaintiff was treated for minor injuries covered by workers’ compensation insurance.  Plaintiff nevertheless sued the other driver’s employer (GMSR’s client) for millions of dollars, and rejected a Code of Civil Procedure section 998 settlement offer.  The jury awarded plaintiff less than the

Ninth Circuit Affirms Judgment, Rejecting Plaintiffs’ Belated Effort To Change Insurance Bad Faith Theories

Plaintiffs injured in a car accident obtained an assignment of the at-fault driver’s rights and sued the driver’s insurance carrier for bad faith.  They alleged that they had sent the carrier a settlement demand letter, but the carrier failed to timely accept.  The carrier moved

Court Of Appeal Rejects Plaintiff’s Attempt To Disavow $15,000 Settlement So As To Pursue A Multi-million-dollar Claim

A plaintiff was seriously injured in an auto accident. Her counsel demanded that the defendant and the defendant’s insurance carrier settle the plaintiff’s injury claim by paying the full $15,000 policy limit. The carrier accepted and complied with all the demand’s short-fuse conditions, thereby dashing

Court Of Appeal Rejects Insureds’ Cumis Claims And Affirms Judgment For Insurer

Plaintiff insureds owned a residential property where a squatter died in during a fire. The insureds tendered the defense of the ensuing lawsuit to their insurance carrier, which hired counsel to defend the insureds. Purportedly dissatisfied with appointed counsel’s performance, the insureds demanded independent “Cumis”

GMSR obtains $2.8 million appellate victory for workers’ compensation carrier

GMSR’s client, a workers’ compensation carrier, paid benefits to an injured employee of its insured, a security company. The employee sued others for negligence, including the university where he had been assigned to work for a number of years. The jury found the university at

Court of Appeal affirms summary judgment in favor of insurance carrier, foreclosing $11 million claim

Endurance American Specialty Insurance Company v. Bennington Group
In a unanimous unpublished opinion, the Second Appellate District, Division Five has affirmed a summary judgment in favor of GMSR’s carrier client on the ground that a misrepresentation in the insurance application entitled the insurer to rescind the insurance policy. Rescission allows the carrier to avoid indemnity coverage and a claim for breach of the implied covenant regarding a $11 million judgment against the insured.

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

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

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

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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