Cumis counsel refers to an attorney appointed to represent an insured party in a legal proceeding when there is a conflict of interest between the insured and the insurance company providing the defence. The term originates from the case of San Diego Navy Federal Credit Union v. Cumis Insurance Society, Inc. (1984), where the court held that when a conflict arises, the insurance company must pay for independent counsel chosen by the insured. Cumis counsel ensures that the insured’s interests are adequately represented and protected throughout the legal process. They provide legal advice and representation separate from the insurance company’s appointed defence counsel, ensuring that the insured receives a fair defence without interference from conflicting interests.
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This glossary post was last updated: 29th March, 2024.
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