Insurance Law

Recent Posts

Independent “Cumis” Counsel Now Face Direct Claims for Reimbursement From Insurers
Posted on 28 Sep 2015 by Dennis Cusack

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. The Court decided the case on August 10, 2015, [subscribers can access an enhanced... Read More

California’s “Independent” Cumis Counsel Regime Faces A Novel Challenge
Posted on 1 Jul 2015 by Tyler C. Gerking

By Tyler Gerking On May 5, the California Supreme Court heard argument, [ briefs available to lexis.com subscribers ], in a case that has the potential to profoundly change the relationship between the insurer, its insured and the insured’s... Read More

Insurer Appointed Lawyer’s Duty is to Client It Was Retained to Defend – Conflict of Interest Required To Remove Counsel
Posted on 25 Jun 2015 by Barry Zalma

Insurance companies have the right and obligation to choose counsel to defend its insureds. Counsel retained by an insurer to defend an insured, contrary to the belief of many, is obligated solely to represent the rights, duties, obligation and defenses... Read More

Opinion-aided: Courts Granting Policyholders Access To Outside Coverage Counsel’s Opinion Letters
Posted on 21 Aug 2014 by Randy J. Maniloff

There have been several decisions of late, from courts across the country, addressing whether a policyholder, in coverage litigation, is entitled to discover the coverage opinions (lower case) prepared for an insurer by its outside coverage counsel. Of... Read More

Insurance & The Absolute Litigation Privilege – Lawyers Are Obligated To Vigorously Defend Their Clients
Posted on 10 Aug 2015 by Barry Zalma

No one likes to lose a lawsuit. Unable to accept that the case they brought was not viable or their own lawyers were incompetent, the losers strike out at whoever they can strike at, usually, the lawyers for their opponents. Lawyers are required, by their... Read More