INSURERS

INSURERS

With decades of experience representing insurers and their insureds in civil appeals, GMSR has developed a stellar track record and reputation in this complex, specialized area.

Broad Experience

GMSR regularly advises and advocates for insurance carriers and their insureds:

  • Liability Defense.  Carriers hire GMSR to represent insureds on appeal and, in high exposure cases, to assist trial counsel in the trial court with demurrers, summary judgment motions, jury instructions, verdict forms, and post-trial motions.
  • Coverage Disputes.  GMSR represents insurance carriers in coverage appeals involving a broad spectrum of issues, including first-party property claims, environmental defense costs, third-party liability for property damage, bodily injury, personal injury, business risks, and professional errors and omissions.
  • Bad Faith and Contribution.  GMSR represents carriers in developing case strategy and drafting post-judgment motions, as well as on appeal, in cases alleging bad faith or involving a duty to defend, duty to settle, Brandt fees, equitable subrogation, equitable contribution or punitive damages.
  • Agency.  GMSR represents carriers in appeals regarding claims by former sales agents and district managers.
Unique Perspective

GMSR has taken a leading role in challenging unwarranted tort recoveries and medical damages.  GMSR has deep experience and expertise in reading and construing policy language.  And the firm appreciates that there is more to defending a claim of insurance bad faith than just relying on technical arguments; GMSR’s briefs provide courts with assurance that the client’s position is the “right,” common sense result.

PARTNERS IN MANAGING RISK

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently.  Where a claim is not covered, GMSR protects an insurer’s right to deny it.

image

GMSR’s insurer clients have enjoyed enviable success in winning favorable coverage rulings. Here are some recent highlights:

  • Palomar Health v. American Guarantee and Liability Insurance Company (9th Cir., July 28, 2022, 21-56073) 2022 WL 3006356
  • Nede Mgmt., Inc. v. Aspen American Ins. Co. (2021) 68 Cal.App.5th 1121
  • Durment v. Burlington Insurance Company (9th Cir. 2020) 820 Fed.Appx. 561
  • Picazzo v. C.W. Driver, Inc. (Feb. 28, 2020, B289070) 2020 WL 967087
  • Endurance American Specialty Insurance Company v. Bennington Group, LLC (Jan. 31, 2020, B285909) 2020 WL 502631
  • United Farmers Agents Association, Inc. v. Farmers Group, Inc. (2019) 32 Cal.App.5th 478
  • Yu v. Liberty Surplus Ins. Corp. (2018) 30 Cal.App.5th 102