Cases

Plaintiff insureds sued GMSR’s client, claiming a bad faith denial of their fire loss claim. The carrier denied coverage because the insured admitted to providing inaccurate information and refused to answer other questions concerning their claim. During the course of the investigation, the carrier learned that the insureds had made material misrepresentations in connection with a prior, related fire claim. The plaintiffs lost after a bench trial. On appeal, they argued that the trial court erred by denying their motion in limine to bar evidence regarding the prior fire claim.

Agreeing with GMSR’s arguments, the Court of Appeal affirmed. It held that plaintiffs had waived any objections by failing to renew them after denial of their motion in limine and that, in any event, evidence of misconduct regarding the prior fire claim was relevant to a determination whether the carrier properly denied the second fire claim.

Case Briefs

• California Court of Appeal Opinion - View Document