What is a Cumis Counsel?  A cumis counsel is an independent counsel who protects your interests when you are sued under an insurance policy.  But isn’t that why you have insurance?  Yes, but not entirely.  California law understands the conflict of interest that attorneys for the insurance company face when defending you in a lawsuit.  The attorneys for the insurance company owe their first and primary loyalty to the insurance policy itself, even though you are the named “insured.”  It may be in the best interests of the insurance policy for you to have contributed in a negligent or inadvertent manner to the loss.  Therefore, any settlement reached by the attorneys from the insurance company (who you believed were protecting your interests) may not actually be in your best interests.

When you have an insurance policy, and your policy is sued due to the nature of the policy itself (such as in an auto accident that was your fault, or in a homeowner’s claim), you run the risk of being exposed legally by the insurance company.  The law provides for you to seek your own independent counsel, known as “cumis counsel,” who represents your interest during the course of the lawsuit.  Your cumis counsel works with the insurance company’s attorneys to ensure that any potential settlement or trial outcome does not expose you to financial liability outside of the policy whenever possible.

The best news is this: your insurance company pays the cost of your cumis counsel.  If you are a defendant in a lawsuit involving an insurance company and policy coverage we invite you to contact the experienced cumis counsel and trial attorneys at the Watkins Firm.  We will provide a free and substantive consultation at 858-535-1511, and discuss the unique circumstances of your case and all we can do to help.  Your cumis counsel is an independent counsel who protects your legal and financial interests.