Deconstructing Cumis -- Recent Appellate Court Decisions Create Potential Conflicts for Insurance Defense Counsel

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When deciding to represent insureds, insurance defense attorneys face ethical dilemmas if potential conflicts exist between the insurer and the client as a result of coverage issues. This article analyzes the differences in the ethical obligations for a lawyer under the California Rules for Professional Conduct for Lawyers, on the one hand, and the disclosure rules under Civil Code section 2860, the "Cumis Counsel" statute, on the other hand, and the potential pit-falls caused by those differences.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kurt Schmalz, Lurie, Zepeda, Schmalz & Hogan | Attorney Advertising

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