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Last update: Mar 19, 2007
Lane Powell: Ethical Issues in Liability Defense: How Do Insure Nov 15, 2002
The relationship between the insurer, insured and defense counsel has been referred to the eternal or bermuda triangle, the triad, or the triadic or tripartite relationship among other things. The relationship has been characterized as "deeply and unavoidably vexing" and creating problems that would "tax Socrates." Silver, C., "Does Insurance Defense Counsel Represent the Company or the Insured?" 72 Tex
Musick Peeler & Garrett: WHAT FEE RATE APPLIES WHEN MULTIPLE INSURERS DEFEND UND... Nov 01, 2001
Each insurer issues a reservation of rights letter that triggers a right to independent or “Cumis" counsel under Civil Code Section 2860. One insurer ordinarily pays $140 per hour to “panel” counsel for similar actions, another pays $150 per hour and the third insurer pay the Cumis lawyer in this case
Hinshaw & Culbertson: The ProfessionalLine Fall 2001 Oct 01, 2001
Long & Levitt: American Equity Insurance Co. v. Beck 01 C.D.O.S. 5395 ... Sep 20, 2001
ATTORNEY TO ATTORNEY INDEMNITY California Law The First District Court of Appeal, Division Three has rejected cross-complaints for indemnity between co-counsel endorsing a bright line rule. Beck and McBee associated Ronald Wecht as local counsel in San Francisco
Gordon & Rees: 2000 Developments in California Insurance Case Law Feb 20, 2001
5 Continuing Representation by Counsel in Light of Corporate Suspension. Attorneys' Fees In an action to recover deductible from an insured, insurer may recover reasonable value of legal services of in-house counsel as attorneys' fees under Civil Code Section 1717
Gordon & Rees: 1999 Developments In California Insurance Case Law Mar 01, 2000
Conflicts of Interest An actual conflict, as opposed to a potential conflict, must exist before insured is entitled to Cumis counsel. Cumis Counsel An actual conflict, as opposed to a potential conflict, must exist before insured is entitled to Cumis counsel
Rutan & Tucker: California Supreme Court Holds Private Arbitration Awar... Nov 01, 1999
USFed to provide Vandenberg a defense but expressly reserved USFverage and indemnity obligations, as well as any claim by Vandenberg for Cumis counsel fees. (Id
WHO REPRESENTS WHOM? INSURERS
INSURERS, INSUREDS AND “THEIR” COUNSEL CAN’T BE SURE Wayne B. Littlefield July 1, 2001 What once seemed so clear is no longer clear. It used to be that insurance companies maintained lists of “panel counsel” who had negotiated acceptable rates and had been trained to work within the insurers’ guidelines when defending the insurers’ insureds
Figler: Shafer v. Berger
After Tri-County asked for independent Cumis counsel Truck retained Lance LeBelle of Berger, Kahn, Shafton, Moss, Figler, Simon tone ("Berger") to advise it on coverage issues. To avoid the need for independent counsel, Truck authorized Berger to withdraw the reservation of rights for intentional and willful acts, but not as to punitive damages
Hinshaw & Culbertson: The Insurer Defense Obligation: A Survey of the Fifty S...
Defense counsel owes similar duties to the insured, and must recognize that his client is only the insured, not the insurance company. The court noted that the possibility of a conflict might be avoided in such cases if the insurance company were to offer its insured the right to retain independent counsel to conduct the defense and agreed to pay all necessary costs
Epstein Becker & Green: PDF
...most employers faced with employment claims would instinctively react by arranging for their defense through either outside or in-house counsel. com exclusions, to counsel selection and control of litigation
Epstein Becker & Green: PDF
...most employers faced with employment claims would instinctively react by arranging for their defense through either outside or in-house counsel. com exclusions, to counsel selection and control of litigation
Epstein Becker & Green: PDF
...most employers faced with employment claims would instinctively react by arranging for their defense through either outside or in-house counsel. com exclusions, to counsel selection and control of litigation
Figler: Shafer v. Berger
After Tri-County asked for independent Cumis counsel Truck retained Lance LeBelle of Berger, Kahn, Shafton, Moss, Figler, Simon tone ("Berger") to advise it on coverage issues. To avoid the need for independent counsel, Truck authorized Berger to withdraw the reservation of rights for intentional and willful acts, but not as to punitive damages
Epstein Becker & Green: PDF
...most employers faced with employment claims would instinctively react by arranging for their defense through either outside or in-house counsel. com exclusions, to counsel selection and control of litigation
Figler: Shafer v. Berger
After Tri-County asked for independent Cumis counsel Truck retained Lance LeBelle of Berger, Kahn, Shafton, Moss, Figler, Simon tone ("Berger") to advise it on coverage issues. To avoid the need for independent counsel, Truck authorized Berger to withdraw the reservation of rights for intentional and willful acts, but not as to punitive damages
Epstein Becker & Green: PDF
...most employers faced with employment claims would instinctively react by arranging for their defense through either outside or in-house counsel. com exclusions, to counsel selection and control of litigation
Figler: Shafer v. Berger
After Tri-County asked for independent Cumis counsel Truck retained Lance LeBelle of Berger, Kahn, Shafton, Moss, Figler, Simon tone ("Berger") to advise it on coverage issues. To avoid the need for independent counsel, Truck authorized Berger to withdraw the reservation of rights for intentional and willful acts, but not as to punitive damages
