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February 2011

Gordon & Rees Obtains Affirmance of Summary Judgment in Insurance Coverage Dispute from California Supreme Court

San Diego Partners Jim Grady and Kevin Alexander received a final ruling from the California Supreme Court which denied plaintiff's Petition for Review of a California Appellate Court' s decision that had affirmed the grant of summary judgment on all claims in favor of a national insurance company client.

Plaintiff originally brought a million dollar plus action against client life insurance company by alleging that an insurance agent's oral representations controlled over the terms of the actual written life policy and that the insurance company was in breach for failure to adhere to the agent's oral representations even though they contradicted the policy's written terms. After losing his motion for summary judgment at the Superior Court level, Plaintiff appealed to the Second District Court of Appeal. Jim appeared at oral argument at the Appellate Court and the court thereafter affirmed the trial court's order granting summary judgment on all claims against the policy holder plaintiff. Plaintiff then appealed to the California Supreme Court which eventually denied Plaintiff's petition for review and which finally terminated the litigation much to the delight of the client.

Kevin W. Alexander



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