Simple English definitions for legal terms
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Cumis counsel refers to an independent lawyer hired by an insurance company to represent someone who is being sued. This happens when there is a strong conflict of interest between the insurance company and the person being sued. Usually, the insurance company provides a lawyer to represent both themselves and the person being sued. But in some cases, this can create a problem because the lawyer may not be able to represent both parties fairly. Cumis counsel is hired to make sure that the person being sued has a lawyer who only represents them and not the insurance company. This helps to make sure that the person being sued gets a fair trial.
Cumis counsel refers to an independent attorney hired by an insurance company to represent the defendant in cases with a strong conflict of interest. This type of counsel is appointed when the insurance company and the insured have opposing interests in a legal matter.
For example, if an insurance company defends a lawsuit with a reservation of rights, they may appoint cumis counsel to represent the insured. A reservation of rights occurs when an insurance company has reason to believe that the insured's claim is not covered under the policy but decides to defend the lawsuit anyway. In this scenario, the insurance company may prioritize fact-finding and reject any settlement while reasonable suspicion of coverage exists. However, the insured may want to accept a settlement early on to resolve the case quickly. Cumis counsel helps to resolve this conflict of interest by ensuring that the insurance company cannot influence the appointed counsel to prioritize their own interests.
Cumis counsel solely represents the defendant and is not influenced by the insurance company's interests. This type of counsel is appointed to mitigate conflicts of interest in scenarios where the risk of misaligned incentives is particularly high.