Insurance Law

GMSR has a long history of representing insurance carriers on a wide range of issues, including first- and third-party coverage, excess insurance, contribution and allocation claims, as well as bad faith liability issues, such as Brandt fee questions and punitive damages.  GMSR’s appellate lawyers regularly use this experience to assist clients in all facets of the appellate process.  The firm also counsels both carriers and policyholders regarding their potential liabilities and rights.

Dent v. Farmers Insurance Group of Companies (July 24, 2007, B182249) 2007 WL 2111016 [nonpublished opinion]

Plaintiff became an insurance agent with GMSR’s client, an insurance carrier. Several years later the carrier terminated her when she did not meet the carrier’s expectations. She sued, claiming that various things she had been told – about how much she might earn, about her

RLI Insurance Co. v. CNA Casualty of Cal. (2006) 141 Cal.App.4th 75

RLI held that an excess insurer cannot sue a primary carrier in subrogation for bad-faith refusal to settle, where the underlying claim was not tried and the insured suffered no excess judgment.  Laurie persuaded Division 2 of the Second District to reject Division 1’s contrary

Farmers Ins. Exchange v. Kanode (Apr. 18, 2006, G033782) 2006 WL 1010412 [nonpublished opinion]

Judgment notwithstanding the verdict eliminating tort claims by terminated insurance agent

Fuller-Austin Insulation Co. v. Highlands Ins. Company (2006) 135 Cal.App.4th 958

Reversal of $100-plus million, involving extent to which stipulated bankruptcy settlement of asbestos claims could be enforced against bankrupt defendant’s excess insurers

Scottsdale Insurance Co. v. MV Transportation (2005) 36 Cal.4th 643

Reimbursement of attorney fees and costs insurer paid for defense when ultimately determined that policy never afforded potential coverage (amicus curiae brief)

396 Investments, Inc. v. Farmers Insurance Exchange, 2005 Cal.App. Unpub. LEXIS 4876

Reduction of $25 million punitive damage award to $1 million

Jonathan Neil & Associates, Inc. v. Jones (2004) 33 Cal.4th 917

Scope of administrative agency jurisdiction over insurance rating issues; exhaustion of administrative remedies

Cassim v. Allstate Insurance Co. (2004) 33 Cal.4th 780

How Brandt fees should be awarded in contingent fee bad faith cases (amicus curiae brief)

Civil Services Insurance Co. v. Hendrickson (July 31, 2003, A098288)

Homeowner’s policy coverage for alleged accidental killing

City of Cypress v. CIPA (2003) (Arbitration Decision)

Denial of insurance coverage to city by joint powers authority

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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