November 21, 2014 2:18 PM ET

Insurance

Company Overview of Gemini Insurance Co.

Company Overview

Gemini Insurance Co. operates as a subsidiary of Berkley Insurance Company.

475 Steamboat Road

Greenwich, CT 06830

United States

Phone:

203-542-3800

Fax:

203-542-3839

Key Executives for Gemini Insurance Co.

Gemini Insurance Co. does not have any Key Executives recorded.

Gemini Insurance Co. Key Developments

Diamond Blue Enterprises, Tyrone Byrd and Don Byrd Brings Action Against Murchison & Cumming, Michael Mcevoy, Continental Insurance and Gemini Insurance

The California Court of Appeal held that a dispute regarding an insurer's failure to reimburse its insured for expenses incurred in litigation did not fall within the scope of a contractual arbitration provision. Diamond Blue Enterprises L.L.C., Tyrone Byrd and Don Byrd (the insureds) brought an action against Murchison & Cumming L.L.P., Michael McEvoy, Continental Insurance Co. and Gemini Insurance Co. The only causes of action asserted against Gemini were for breach of insurance contract and breach of the implied covenant of good faith and fair dealing. The claims against Gemini alleged the insurer refused to defend the insureds as required under the insurance policy and refused to reimburse them for their cost of defense. According to the complaint, Gemini eventually took over the defense of a suit against the insureds after the insureds incurred $383,805 in expenses and attorneys' fees. The parties' contract contained a binding arbitration provision that required the insured and insurer to arbitrate disputes over "whether coverage is provided." Based on the provision, Gemini moved to compel arbitration. The trial court denied the motion, finding that a dispute regarding Gemini's duty to defend did not fall within the provision. Gemini appealed. The court of appeal affirmed the trial court's judgment. Gemini contended that " 'whether coverage is provided' necessarily encompasses whether a duty to defend is owed." According to Gemini, the "duty to defend is not something different from coverage." The court of appeal was not persuaded. It concluded a dispute over the failure to reimburse is related to coverage, but the two concepts are not the same. Thus, the ordinary meaning of the arbitration provision did not include a dispute regarding Gemini's duty to defend. Therefore, the court of appeal affirmed the trial court's denial of Gemini's motion to compel arbitration.

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