GailAnn Y. Stargardter

Partner

GailAnn Y. Stargardter

Partner

4695 MacArthur Court, Suite 350, Newport Beach, CA 92660
T: 949.975.8200 F: 949.975.8210


Insurance Coverage and Bad Faith Litigation Counsel

For the past 27 years, Gail Stargardter has provided coverage advice to her insurance clients and represented them in coverage and bad faith litigation arising under personal and commercial lines policies. She is licensed to practice in Federal and State Court in Washington (1988), Oregon (2003) and California (2007).

Having spent five years with a major insurance company, during which time she supervised the Special Investigation Unit for Washington and Alaska, Gail understands both the legal and practical aspects of claims handling and insurance litigation. A colleague recently made the following comment about Gail’s legal abilities: “Gail is one of the very best in a very difficult field.” This sentiment is matched by her clients who trust her to represent them at the trial court and appellate court level.

Comprehensive Client Service

As part of her comprehensive services to her clients, Gail provides training to claims personnel on claims handling and legal issues including duty to defend, duty to settle, and handling defense of third party claims under a reservation of rights.

Gail has served as an expert witness on insurance matters for both plaintiffs and defendants. She regularly speaks to legal and insurance industry organizations. Along with fellow Archer Norris insurance group members, Gail is co-author of “California Insurance Law,” published by The Recorder in 2015. She has attained an AV rating, the highest rating available, from Martindale-Hubbell, and has been identified as one of San Francisco’s Top Rated Lawyers™.

Gail Stargardter's representative matters include:

  • Summary Judgment – Tree cutting case—no duty to defend under comprehensive general liability policy due to lack of occurrence.
  • Summary Judgment No duty to appoint Cumis counsel; no bad faith failure to defend.  Affirmed on appeal Second Appellate Division, Division 7, 2013 WL 22422323.
  • Summary Judgment No duty to defend based on Residential Construction Exclusion.
  • Summary Judgment No duty to indemnify first party/business interruption claim.
  • Summary Judgment No duty to defend under course of construction policy.
  • Motion for Directed Verdict/Non-Suit Breach of contract/bad faith.  Affirmed on appeal—Second Appellate District, Division Six, 2014 WL 220785.
  • Defense Verdict First Party Construction Defect Case.
  • Summary Judgment Breach of Contract/Bad Faith Case—policy rescinded. 
  • Summary Judgment  No duty to defend—excess carrier—loss does not fall within excess carrier’s insuring agreement due to lack of exhaustion of primary limits and loss otherwise excluded from coverage.
  • Summary Judgment Breach of contract/bad faith—excess carrier—no duty to drop down and defend—various coverage exclusions.
  • Recovery of in excess of $1,000,000 paid under WC policy based on insurance broker’s misrepresentations on insurance application.
  • Summary Judgment  Insurer had no obligation to reimburse premium finance company for sums stolen by insurance broker.

Overview

Insurance Coverage and Bad Faith Litigation Counsel

For the past 27 years, Gail Stargardter has provided coverage advice to her insurance clients and represented them in coverage and bad faith litigation arising under personal and commercial lines policies. She is licensed to practice in Federal and State Court in Washington (1988), Oregon (2003) and California (2007).

Having spent five years with a major insurance company, during which time she supervised the Special Investigation Unit for Washington and Alaska, Gail understands both the legal and practical aspects of claims handling and insurance litigation. A colleague recently made the following comment about Gail’s legal abilities: “Gail is one of the very best in a very difficult field.” This sentiment is matched by her clients who trust her to represent them at the trial court and appellate court level.

Comprehensive Client Service

As part of her comprehensive services to her clients, Gail provides training to claims personnel on claims handling and legal issues including duty to defend, duty to settle, and handling defense of third party claims under a reservation of rights.

Gail has served as an expert witness on insurance matters for both plaintiffs and defendants. She regularly speaks to legal and insurance industry organizations. Along with fellow Archer Norris insurance group members, Gail is co-author of “California Insurance Law,” published by The Recorder in 2015. She has attained an AV rating, the highest rating available, from Martindale-Hubbell, and has been identified as one of San Francisco’s Top Rated Lawyers™.

Experience

Gail Stargardter's representative matters include:

  • Summary Judgment – Tree cutting case—no duty to defend under comprehensive general liability policy due to lack of occurrence.
  • Summary Judgment No duty to appoint Cumis counsel; no bad faith failure to defend.  Affirmed on appeal Second Appellate Division, Division 7, 2013 WL 22422323.
  • Summary Judgment No duty to defend based on Residential Construction Exclusion.
  • Summary Judgment No duty to indemnify first party/business interruption claim.
  • Summary Judgment No duty to defend under course of construction policy.
  • Motion for Directed Verdict/Non-Suit Breach of contract/bad faith.  Affirmed on appeal—Second Appellate District, Division Six, 2014 WL 220785.
  • Defense Verdict First Party Construction Defect Case.
  • Summary Judgment Breach of Contract/Bad Faith Case—policy rescinded. 
  • Summary Judgment  No duty to defend—excess carrier—loss does not fall within excess carrier’s insuring agreement due to lack of exhaustion of primary limits and loss otherwise excluded from coverage.
  • Summary Judgment Breach of contract/bad faith—excess carrier—no duty to drop down and defend—various coverage exclusions.
  • Recovery of in excess of $1,000,000 paid under WC policy based on insurance broker’s misrepresentations on insurance application.
  • Summary Judgment  Insurer had no obligation to reimburse premium finance company for sums stolen by insurance broker.

News & Publications


Education

  • Suffolk University School of Law, J.D., cum laude, 1988
  • Muhlenberg College, B.A., 1979

Admission

  • State Bar of California, 2007
  • Oregon State Bar, 2003
  • Washington State Bar Association, 1988
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Northern, Eastern and Central Districts of California
  • U.S. District Court for Oregon
  • U.S. District Court, Western District of Washington

Memberships

  • Contra Costa County Bar Association
  • DRI
  • King County Bar Association
  • Washington Defense Trial Lawyers Association

Recognition

  • Martindale-Hubbell, AV Preeminent Rating
  • San Francisco’s Top Rated Lawyers™, 2011, 2015