Cumis Counsel Attorneys
Cumis Counsel Lawyer in Glendale, near Los Angeles, CA
Cumis counsel refers to independent counsel selected by an insured, however is paid for by an insurer as required by Civil Code section 2860. An insurer is entitled to control the defense of its insured pursuant to the terms of the insurance policy. In simple terms, this means an insurance company can both appoint counsel to defend an insured upon a covered lawsuit, while making the decisions relating to the litigation on the insured’s behalf.
Los Angeles Cumis Counsel Attorneys
Insurance Conflict of Interest and Cumis Counsel
Often times, potential conflict of interest arises, thereby triggering an insurers obligation to pay for independent counsel as codified under California Civil Code section 2860. Cumis counsel will ensure that proceedings throughout litigation are done in a manner which neither hurts the uncovered claims of the insured or jeopardizes coverage.
The relationship between an insured, insurer, and insurer-retained defense counsel is known as as the “tripartite relationship. Since the defense counsel owes a duty to both the insurance company and the insured, a conflict of interest can arise when the insurance company has reserved rights to later deny coverage or seek reimbursement for claims not covered under the policy. Therefore, in situations were a insured wishes to retain Cumis counsel, otherwise known as an, independent counsel to monitor the activities of the insurance company’s appointed defense counsel.
Kaass Law serves as cumis Counsel in California in claims concerning auto insurance, business insurance, homeowners insurance, and renters insurance. If you have a situation where your insurance company is not responding to your claim, contact our Glendale or Los Angeles office today to schedule a consultation with our cumis counsel attorneys.