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Independent Counsel

Bradley Arant Boult Cummings LLP

Insurance in the Know (Part 1): Reservations of Rights Can Trigger Right to Independent Counsel

This is the first in a series of discussions about issues that arise on a regular basis after policyholders file an insurance claim. Many liability insurance policies require the insurer to defend the insured. This “duty...more

Troutman Pepper

D&O and Professional Liability 2023: A Year in Review

Troutman Pepper on

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the...more

Ervin Cohen & Jessup LLP

Opportunities for insisting on independent counsel

Civil Code section 2860 authorizes the retention of independent counsel in the event a conflict of interest arises between the insurer and its insured. Under the statute a conflict of interest is deemed to arise “when an...more

Pillsbury - Policyholder Pulse blog

Are Insurers’ Panel Counsel Rates Reasonable?

It is a settled principle of insurance law that a liability insurer’s duty to defend is broader than its duty to indemnify. In most jurisdictions, if any portion of a complaint against a policyholder is even potentially...more

Lowenstein Sandler LLP

Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates

Lowenstein Sandler LLP on

In this episode, Eric Jesse explains ways to prevent your insurer from taking a one-size-fits-all approach to its defense obligations, from asserting your right to select your own counsel to challenging its definition of...more

Kohrman Jackson & Krantz LLP

Major Shift in Ohio Law Now Permits Postnuptial Agreements

In a major shift in Ohio law, Ohio spouses are now legally permitted to enter into postnuptial agreements as of March 23, 2023. After a long history (more than 130 years) of rejecting postnuptial agreements, Ohio joins 48...more

Kohrman Jackson & Krantz LLP

New Ohio Postnuptial Agreements and Estate Planning

For more than 130 years, Ohio has strictly prohibited postnuptial agreements and spouses were not able to enter into agreements with each other that altered their spousal rights. Additionally, Ohio has restricted amendments...more

Bradley Arant Boult Cummings LLP

Supreme Court Holds That Part of CFPB’s Structure Is Unconstitutional

This morning, the United States Supreme Court issued its decision in Seila Law v. CFPB. Authoring the opinion for a five-justice majority, Chief Justice John Roberts wrote that the Consumer Financial Protection Bureau’s...more

Thomas Fox - Compliance Evangelist

Selection of Investigative Counsel

Dan Dunne, in a Compliance and Ethics Professional article, entitled “Foxes and henhouses: The importance of independent counsel”, said a critical element in any investigation is “fair and objective evaluation by the...more

Ward and Smith, P.A.

Two Pairs of Eyes Are Better Than One: Why Community Associations and Developers Should Have Separate Legal Counsel

Ward and Smith, P.A. on

North Carolina has the third most planned communities in the United States after California and Florida. All of these planned communities typically evolve in a similar three-step process. First, a real estate developer...more

Woods Rogers

Guarantor Provisions to Negotiate in Non-Recourse Financing

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Many commercial real estate loans are “non-recourse,” which means in general terms that foreclosing on the real estate securing the loan is the lender’s sole remedy for a borrower’s failure to repay the loan.  The lender is...more

Hinshaw & Culbertson LLP

Florida Appellate Court Rules Arbitration Clause in Retainer Agreement is Unenforceable because Client was Not Advised to Consider...

Owens v. Katherine L. Corrigan & Klc, 2018 Fla. App. LEXIS 9174 (Court of Appeal of Florida, Fourth District, 6/27/18; Not final until disposition of any motion for rehearing.)...more

Nossaman LLP

Can The Insurance Industry Limit the Right to Independent Counsel?

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A cornerstone of California law is that the duty to defend arises whenever the lawsuit against the insured seeks damages on any theory that, if proved, would be covered by the policy. Indeed the duty to defend is so broad...more

Carlton Fields

First Circuit: The Best Offense Is A Good Defense?

Carlton Fields on

In Mount Vernon Fire Ins. Co. v. VisionAid, Inc., No. 15-1351P2-01A (1st Cir. Nov. 15, 2017), the First Circuit Court of Appeals ended long-running insurance coverage litigation arising from policyholder VisionAid, Inc.’s...more

Thomas Fox - Compliance Evangelist

Day 2 of One Month to Better Investigations and Reporting-Selection of Investigative Counsel

A key component of this fair and objective evaluation is the WHO question; that is, who should supervise the investigation and who should handle the investigation? You should have independent counsel should handle any serious...more

The Volkov Law Group

Understanding Special Counsel Mueller’s Authorization

The Volkov Law Group on

Deputy Attorney General Rosenstein’s appointment of Special Counsel Robert Mueller last week was a blockbuster development in the investigation of the administration....more

Locke Lord LLP

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

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

Cozen O'Connor

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

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

Conclusory Allegations Held Insufficient to Support Declaratory Relief on Right to Independent Counsel or Allocation of Defense...

In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. E060057, filed 5/22/15), a California Court of Appeal held that a developer’s declaratory relief lawsuit seeking a declaration of the right to independent counsel was...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

Melito & Adolfsen

A mere reservation or rights by an insurer does not require the insurer to supply independent counsel to its insured

Melito & Adolfsen on

A bill recently introduced in the Illinois State Senate known as the Insureds Independent Counsel Act, while, if enacted, will only apply in that State, is instructive as to when an insurance company must supply independent...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - September 2014

Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”: Why it matters - A federal district court in Texas strictly construed a pollution exclusion in...more

Farella Braun + Martel LLP

Setting Up a Successful Negotiation Regarding “2860 Rates”

“The insurer’s obligation to pay fees to the independent counsel selected by the insured is limited to the rates which are actually paid by the insurer to attorneys retained by it in the ordinary course of business in the...more

Neal, Gerber & Eisenberg LLP

"Non-Trivial Probability" of Excess Judgment Obligates Insurer to Pay for Independent Defense Counsel

The court in Perma-Pipe, Inc. v. Liberty Surplus Insurance Corporation, Case No. 13 C 2989, 2014 U.S. Dist. LEXIS 54867 (N.D. Ill. April 21, 2014), held that a CGL insurer breached its duty to defend by refusing to pay for...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - May 2014

Policyholder Entitled to Select Counsel, Even Where Insurer Withdrew Reservation of Rights - Why it matters: An insured dissatisfied with counsel selected by its insurer was entitled to select counsel of its...more

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