Introduction Both insurers and lawyers are regulated by law. Insurers are regulated through the Insurance Code, regulations, and case law. Lawyers are regulated by...
Introduction Both lawyers and insurers are regulated by law. Lawyers by the State Bar Act, Rules of Professional Conduct (Rule), and case law. Insurers...
Introduction Since its publication over three decades ago, the landmark1 Cumis2 decision has been validated by the California Legislature3, the Supreme Court4, and a...
Introduction There are complex relationships among a liability insurer, its policyholder, and their common lawyer that arise when an injured plaintiff makes a claim...
Introduction When a policyholder tells a liability insurance company that an injured plaintiff claims damages, technically the policyholder makes two claims: 1) a third...
Introduction Every liability insurer that agrees to defend its policyholder under a reservation of rights to later deny coverage and the insurer’s dependent counsel...
Introduction Liability insurers have contractual, implied, statutory, regulatory, and common law duties to their policyholders. The business of insurance is governed by statute, regulations,...
Introduction The policyholder and the plaintiff may properly resolve the liability dispute, at least in part, by the policyholder selling to the plaintiff the...
Introduction The ethical duties of California lawyers to their clients are well established. The duties of dependent counsel are complicated by a relationship with...