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 App. 1984), superseded by statute as stated in United Enters., Inc. v. Superior Court, 108 Cal.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...]

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...]

State Farm Argues It Has No Duty To Provide Cumis Counsel In Nevada

In prior blog posts, the Nevada Law Blogs promised its readers regular updates regarding the issue of “Cumis” Counsel that is now before the Nevada Supreme Court. See HERE and HERE. Appellant State Farm recently filed its opening brief in State Farm Mut. Auto. Ins. Co. v. Hansen, Nevada Supreme Court Case No. 64484.  You can read the entire brief HERE. In 2003, the local press widely published the facts of this case. Plaintiffs Hansen, LeFevre and Grill were at a party. They decided it was … [Read more...]

One Minute Closer To High Noon

A Nevada Law Blog post recently compared an iconic wild-west film showdown to an upcoming showdown at the Nevada Supreme Court.  The showdown decide whether the Court will impose Cumis-type obligations on Nevada insurance companies where an assigned defense panel counsel faces an irreconcilable conflict between the interests of the insurance company and those of the policyholder.  An order just issued by the U.S. District Court, District of Nevada shows that this high noon showdown about legal … [Read more...]