- Cumis Counsel Beware – Insurance Carrier May Seek Reimbursement - ... the high court found that an insurance carrier that paid for Cumis counsel could seek recovery directly from counsel where the independent counsel submitted bills that were unreasonable and unnecessary. As we have indicated...
- Cumis Counsel – When An Insurance Carrier has a Conflict of Interest - According to the dictionary at Legal.com, Cumis counsel is "an attorney employed by a defendant in a lawsuit when there is a liability insurance policy supposedly covering the claim, but there is a conflict of interest between the insurance company and the insured defendant.”
- 3 Reasons to Consider Unpublished Court Opinions for Insurance Coverage Research - Since the beginning of our legal careers we have been taught not to cite unpublished opinions. However, in my experience that does not mean to ignore such opinions and here are 3 reasons why such court opinions should be reviewed, particularly when...more
- Court Excludes General Liability Coverage With Broad Interpretation of Professional Serices - Recently on July 11, 2017 the California Court of Appeals, First District, Fourth Division, issued its ruling in the matter of Energy Insurance Mutual Limited (“EIM”), v. Ace American Insurance Company (“ACE”), Case No. A140656, in which the court found that general liability coverage was excluded from a claim of damage due to a massive gas explosion.
- FAIR Plan Must Pay Repairs In Excess of Market Value - In a recent decision brought by the FAIR plain the Appellate court ruled that where repair costs did not exceed policy limits in a Actual Cash Value fire policy, the recoverable damages would be the repairs even if they exceed the fair market value of the home.
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