Strategies, Challenges, and Answers

Nevada Joins Club Cumis

In State Farm Mut. Auto. Ins. Co. v. Hansen, No. 64484, 131 Nev. Adv. Op. 74 (Nev. 2015) the Nevada Supreme Court adopted the independent counsel model outlined by the California Court of Appeals in San Diego Federal Credit Union v. Cumis Ins. Society, Inc., 208 Cal. Rptr. 494, 506 (Ct. App. 1984), superseded by statute as stated in United Enters., Inc. v. Superior Court, 108 Cal. Rptr. 3d 25 (App 2010). In its opinion issued on September 24, 2015, the Nevada Supreme Court said that an insurance … [Read more...]

Oral Arguments Re: Nevada Independent Counsel Leave Many Questions Unanswered

On May 5, 2015, the parties made their final arguments to the Nevada Supreme Court on the issues of independent counsel in Nevada.  State Farm Mut. Auto. Ins. Co. v. Hansen, Nevada Supreme Court Case No. 64484.  Neither attorney strayed far from his script.  The justices asked only a few questions leaving us to guess at what the final decision may be.State Farm’s attorney acknowledged that since insurance panel counsel represents both the insured and the insurance company that conflicts can … [Read more...]

Nevada Law Blogs See Lots Of Insightful Comments On Nevada’s Cumis Counsel Case

Regular readers of the Nevada Law Blogs have followed our summaries of all of the briefs filed in the Nevada case of State Farm Mut. Auto. Ins. Co. v. Hansen, Nevada Supreme Court Case No. 64484.  Hopefully, the Hansen case will tell us if Nevada will follow California’s Cumis decision, if it will adopt a standard used by another state or if it will await a legislative solution to the situation.Like the briefs themselves, comments on social media have run the gamut.  State Farm’s brief … [Read more...]

Homebuilders, With Their Own Axe To Grind, Argue That Independent Counsel Should Be Required Upon Issuance Of Every Reservation Of Rights Letter

The Southern Nevada’s Homebuilders Association says that the insurance industry is doing its members wrong by not giving them independent counsel. They file an amicus brief with the Nevada Supreme Court and hope that amidst all this gunfire between the parties that their axe grinding will be heard too. The Homebuilders Association lobbies for Southern Nevada’s home builders. However, according to the Association’s brief, the homebuilders don’t really “build” the homes themselves. Rather, the … [Read more...]

Movie Mashup! “High Noon” Meets “The Three Amigos”: The Insurance Industry Weighs In On Cumis

Here at the Nevada Law Blogs we have been imaging Nevada’s Cumis dispute as an old west show-down a la “High Noon”.  But now the insurance industry wants its say regarding the dispute.  Three insurance organizations have appeared as friends of the court.  Like “The Three Amigos”, these Three Amici were hired to save the day.  Whether the industry’s arguments prevail is yet to be seen.  But in the meantime, let’s explore and evaluate the industry’s arguments.The Three Amici are the American … [Read more...]