News & Analysis as of

Cumis Counsel

Field Law

Defence + Indemnity: December 2017 - I. Insurance Issues D.

by Field Law on

I. INSURANCE ISSUES - D. An insurer-appointed defence counsel will be in conflict of interest if the interests of the insurer and the insured are not in alignment, and in such cases the Court may appoint independent...more

Spilman Thomas & Battle, PLLC

Off the Reservation (of Rights): South Carolina Speaks on CGL Insurer Notification Requirements

Lawsuits over defective construction are common in South Carolina. So, when a construction company covered by a CGL insurance policy is sued over an alleged construction defect, the insurance company may agree to defend the...more

Cozen O'Connor

Cumis Counsel: An Insurer’s Right To Dispute Coverage Does Not Automatically Trigger A Right to Cumis Counsel

by Cozen O'Connor on

Recently, once again, a California appeals court weighed in on the scope of the right to Cumis counsel and the meaning of Cal. Civil Code §2860. St. Paul Mercury Insurance Company v. McMillin Homes Construction, Inc., No....more

Jones, Skelton & Hochuli, P.L.C.

Nevada Adopts Cumis Counsel Requirement – Who’s Next?

In September 2015, the Nevada Supreme Court issued a decision in State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. Adv. Op. 74, which held that Nevada law requires an insurer to provide independent Cumis counsel when there...more

Jones, Skelton & Hochuli, P.L.C.

JSH Reporter - Summer 2016

We are excited to announce the launch of our Summer 2016 JSH Reporter! The JSH Reporter is designed to provide information about changes in the law and how these affect a variety of industries. In this issue, you will...more

Wilson Elser

Update from Wilson Elser’s D&O Insurance Digest

by Wilson Elser on

Litigation Developments and Mega Settlements - Dole Food, Inc. Derivative Action – Delaware Chancery Court Finds D&Os Engaged in Fraud - Dole Food, Inc. shareholders sued Dole Chairman and CEO David Murdock and Dole...more

Cozen O'Connor

State Farm v. Hansen: Nevada Supreme Court Adopts California Independent Counsel Rules

by Cozen O'Connor on

The Nevada Supreme Court has adopted California’s independent counsel rules, holding that an insured is entitled to select its own counsel where an insurer’s coverage reservation creates an actual conflict of interest between...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - October 2015

Unfair Trade Practices Exclusion Doesn't Cover Consumer Protection Suits - Why it matters: An unfair trade practices clause did not bar coverage for a policyholder's subsidiary, an Illinois federal court ruled, ordering...more

Butler Snow LLP

Nevada Supreme Court adopts Cumis independent counsel rule, but refuses to hold that reservation of rights letter always presents...

by Butler Snow LLP on

Answering two certified questions, the Nevada Supreme Court has adopted the independent counsel rule first laid down in San Diego Navy Federal Credit Union v. Cumis Insurance Society, Inc., holding: When a conflict of...more

Locke Lord LLP

Independent Counsel Required: Nevada Supreme Court Follows California’s “Cumis Counsel Rule”

by Locke Lord LLP on

The Nevada Supreme Court has found that an insurer must provide independent counsel for its insured when a conflict of interest arises between the insurer and the insured, adopting California’s “Cumis Counsel” rule. While...more

Proskauer - California Employment Law

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Wilson Elser

California Supreme Court Upholds Limited Right of Carrier to Seek Recovery of Unreasonable Fees Directly from Insured’s...

by Wilson Elser on

On August 10, 2015, in Hartford Casualty Insurance Company v. J.R. Marketing, LLC, et al., the California Supreme Court held that in some circumstances insurers may seek reimbursement of payments made to the insured's...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - August 2015 #2

Good News for Corporate Policyholders: Insurer Cannot Refuse Coverage Based on Insured's Assignment of Rights Under Policies After Loss Has Occurred - Why it matters: Reversing its holding in a 2003 case, the Supreme...more

Farella Braun + Martel LLP

Independent “Cumis” Counsel Now Face Direct Claims for Reimbursement From Insurers

by Farella Braun + Martel LLP on

On April 30, 2015, we blogged about Hartford Casualty Insurance Company v. J.R. Marketing, LLC, Case No. S211645, then set for oral argument in the California Supreme Court. [see the prior post: California’s “Independent”...more

Low, Ball & Lynch

Insurance Coverage – Duty to Defend – Recovery From Cumis Counsel

by Low, Ball & Lynch on

Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C., et al. - California Supreme Court (August 10, 2015) - Under the Independent Counsel provisions of Civil Code Section 2860, a carrier that defends has...more

Cozen O'Connor

California Supreme Court: Insurer Can Directly Sue Independent Counsel for Excess Fees in Limited Circumstances

by Cozen O'Connor on

On August 10, 2015, the California Supreme Court issued a unanimous decision that could have broad implications regarding an insurer’s right to seek reimbursement of unreasonable fees and costs directly from so-called Cumis...more

Haight Brown & Bonesteel LLP

CA Supreme Court Permits Insurers to Bring Direct Actions Seeking Reimbursement of Excessive Fees Against Cumis Counsel Under...

The California Supreme Court held in Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. (Squire Sanders) (8/10/2015 - #S211645) that if Cumis counsel, operating under a court order which such counsel drafted and...more

Traub Lieberman Straus & Shrewsberry LLP

California Supreme Court Permits Restitution Claim By Insurer Against Independent Counsel

In its recent decision in Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C., — (Cal. Aug. 10, 2015), the Supreme Court of California had occasion to consider an insurer’s right to reimbursement from Cumis counsel for...more

Farella Braun + Martel LLP

California’s “Independent” Cumis Counsel Regime Faces A Novel Challenge

On May 5, the California Supreme Court will hear argument in a case that has the potential to profoundly change the relationship between the insurer, its insured and the insured’s independent defense counsel under Civil Code...more

Orrick, Herrington & Sutcliffe LLP

Policy Observer - December 2013

Time for a Change? California Revisits Henkel on Coverage for Contractually Acquired Liabilities - The California Supreme Court’s unexpected decision earlier this year to accept review of Fluor Corp. v. Superior Court,...more

Zelle  LLP

The Latest On Duty To Defend In Calif.

by Zelle LLP on

In the last two months, courts in California have issued several decisions concerning the scope of an insurer’s duty to defend its insured in underlying litigation. These decisions address important matters involving the...more

Hinshaw & Culbertson LLP

California Court Clarifies What Triggers the Right to "Cumis Counsel"

by Hinshaw & Culbertson LLP on

Nearly 30 years ago, the California Court of Appeal announced its landmark decision in San Diego Federal Credit Union v. Cumis Insurance Society, Inc., 162 Cal. App. 3d 358 (1984), holding that if a conflict of interest...more

McNees Wallace & Nurick LLC

Is That Covered? Cumis Counsel (March, 2013)

Let's say that you or your client is sued for breach of contract and negligence. You send the suit papers to the general liability insurer and it agrees to defend the claim, but under a "reservation of rights." The basis of...more

Cozen O'Connor

Fifth Circuit Rejects Insured’s Efforts to Secure Independent Counsel

by Cozen O'Connor on

On October 15, 2012, the U.S. District Court of Appeals for the 5th Circuit – applying Texas law – addressed another Cumis counsel matter. See Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty Ins. Co., No....more

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