Representing the Interests of Insured California Defendants in a Lawsuit

What is a “Cumis” Counsel in California, and how does the San Diego based Watkins Firm represent the interests of insured individuals and businesses who are in the midst of a lawsuit?  Cumis in this application simply means Independent Counsel.  Here in California, anyone who has a form of liability insurance coverage (such as business, real estate, professional liability, homeowners or even automobile coverage) has the right to independent counsel if they are the “defendant” in a lawsuit.

Insurance contracts almost always place the insurance company in control of the defense of any resulting lawsuit.  The insurance company must defend the policy itself, as well as you, the client paying for the insurance policy.  This will often result in a conflict of interest, and a 1984 California case resulted in legislation that established that an insurance company must pay for the attorney of its insured in many circumstances.

If You are Being Sued Your Insurance Company Often Has to Pay for Your Independent Counsel

Lawsuits are quite complex, and the greater the amount of damages at stake, the more complex the arguments become.  Your insurance company, in order to defend its own policy, has an interest to defer some or all of the liability under the argument that your insurance policy didn’t cover some aspect of the lawsuit.  There are also issues of “intentional” versus “non-intentional” actions on your part, and this creates a conflict of interest for your insurance company.

California law requires the insurance company to pay the costs for you to retain the Watkins Firm as your independent counsel, or “Cumis Counsel.”  We will protect and defend your interests in the lawsuit, and ensure that your insurance company’s attorney(s) are protecting not only the interest of the policy but your interests as well.  We work side-by-side with the insurance company attorneys to defend all aspects of the lawsuit, and to work for a solution that resolves the underlying lawsuit without exposing you and your assets personally.  Your insurance company is required to pay our fees, ensuring that you do not have to pay to have the benefit our experienced litigation team.

You Deserve to Have an Experienced and Proven Litigation Team to Serve as Your Independent Counsel or Cumis Counsel

The Watkins firm is experienced San Diego Cumis Counsel.  There is no cost to you to contact us for an initial consultation, or to call us at 858-535-1511.  We will review the specifics of your case, and the lawsuit against you.  We will fully advise you as to your rights under your insurance policy, the risks you face and our best recommendations to achieve a successful outcome in your case.  The Watkins Firm has extensive litigation and defense experience over decades of service here in San Diego and in cases covered by California law.   There is no cost to gain the peace of mind of an independent review of your case, or when we represent you as your Cumis counsel.