Cumis Test: When Does the Right to Independent Counsel Vest?
Introduction Since its publication over three decades ago, the landmark1 Cumis2 decision has been validated by the California Legislature3, the Supreme Court4, and a...
Tripartite Relationship: When Harmony Turns to Dissonance
Prologue “Take my wife – Please!” (Henny Youngman) Introduction There are complex relationships among a liability insurer, its policyholder, and their common lawyer that...
A 40 Day Regulatory Deadline to Deny Liability Insurance Coverage Is Poorly Enforced
Introduction When a policyholder tells a liability insurance company that an injured plaintiff claims damages, technically the policyholder makes two claims: 1) a third...
Duty to Advise a Policyholder of the Right to Independent Counsel
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Duty to Advise a Policyholder of the Right to Independent Counsel
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...
Compendium of Insurer Duties
Introduction Liability insurers have contractual, implied, statutory, regulatory, and common law duties to their policyholders. The business of insurance is governed by statute, regulations,...
Assignable Rights Under a Liability Insurance Policy
Introduction The policyholder and the plaintiff may properly resolve the liability dispute, at least in part, by the policyholder selling to the plaintiff the...
Compendium of Attorney Duties
Introduction The ethical duties of California lawyers to their clients are well established. The duties of dependent counsel are complicated by a relationship with...
Cumis Line of Cases
Introduction California case law has developed two distinct and incompatible lines of common law authority addressing whether an insurer that reserves its rights to...
Representation of Adverse Interest: Ethical Rules Summary
Representation of Adverse Interests All attorneys owe fiduciary duties to all clients including undivided loyalty, independence of professional judgment, confidentiality, disclosure, and competency. Current...