Define: Cumis Counsel

Cumis Counsel
Cumis Counsel
Quick Summary of Cumis Counsel

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.

What is the dictionary definition of Cumis Counsel?
Dictionary Definition of 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. In some states (notably California) the defendant can demand that the insurance company pay the fees of his/her own attorney rather than use an insurance company lawyer. Often the insurance company will require that the attorney for the defendant be approved by the company.
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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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