what is a cumis attorney

Cumis counsel refers to the independent attorney whom a defendant is entitled to retain in a liability insurance claim — where there is a conflict of interest between the defendant and the insurance company. The term Cumis Counsel originated in a 1984 California lawsuit between San Diego Federal Credit Union and Cumis Insurance Society, Inc..

Full Answer

What is a Cumis counsel?

Cumis counsel refers to the independent attorney whom a defendant is entitled to retain in a liability insurance claim — where there is a conflict of interest between the defendant and the insurance company. The term Cumis Counsel originated in a 1984 California lawsuit between San Diego Federal Credit Union and Cumis Insurance Society, Inc..

Can a law firm have a conflict of interest with Cumis?

cumis counsel. n. an attorney employed by a defendant in a lawsuit when there is an insurance policy supposedly covering the claim, but there is a conflict of interest between the insurance company and the insured defendant. Such a conflict might arise if the insurance company is denying full coverage.

Does the insured have a right to Cumis counsel?

Cumis counsel is a lawyer who represents the insured when there is a conflict of interest between the insured’s interests and those of the insurance provider. The name “Cumis counsel” comes from the 1984 California court case San Diego Navy Federal Credit Union v.

What is the Cumis decision in insurance?

What is "Cumis"? a. An English cucumber b. A spice commonly found in curry dishes c. California's right to independent counsel d. Puffy or cotton-like clouds . Answer: "c" – the seminal California case on when an insurer is required to provide its insured with independent counsel – that is, the insured's right to select its own counsel.

How does Cumis counsel work?

Cumis counsel refers to the independent attorney whom a defendant is entitled to retain in a liability insurance claim — where there is a conflict of interest between the defendant and the insurance company.

Who pays for Cumis counsel?

Payment of Cumis Counsel It is only obligated to pay “rates which are actually paid by the insurer to attorneys retained by it in the ordinary course of business in the defense of similar actions in the community where the claim arose or is being defended.” (Cal. Civ. Code § 2860(c).)

What is the Cumis doctrine?

Cumis theory is simple: if the insurance company's lawyer is in a conflict of interest with the insured, the insurance company must pay for independent counsel. The complexity arises as to what amounts to a conflict sufficient to require such representation.

What is Moeller counsel?

When a lawsuit is filed that has claims against an insured which may be covered by an insurance policy, in most instances, the insurer will hire an attorney and provide a defense for the insured. This independent counsel has commonly become known as Moeller counsel. ...

What will happen if a house is covered by a standard mortgage clause is a total loss?

What will happen if a house covered by a standard mortgage clause is a total loss? The insurer pays the mortgagee according to the mortagee's interest in the property.

Overview

A Cumis counsel is "an attorney employed by a defendant in a lawsuit when there is a liability insurance policy supposedly covering the claim, but there is a conflict of interest between the insurance company and the insured defendant."

The defining decision

Prior and subsequent developments

External links