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In a unanimous unpublished opinion, the Second Appellate District, Division Five has affirmed a summary judgment in favor of GMSR’s carrier client on the ground that a misrepresentation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
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
Court of Appeal holds that GMSR’s landlord clients had no duty to inspect tenants’ unit for dangerous bombmaking activities
Garcia v. Holt (2015) 242 Cal.App.4th 600 (California Court of Appeal, Fourth Appellate District, Division One) [published]. GMSR’s landlord clients rented their single family home to a couple month to month. The landlords had no reason to suspect that one of the tenants was manufacturing
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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.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
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.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
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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