Strategies, Challenges, and Answers

Nevada Joins Club Cumis

In State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (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 App. 1984), superseded by statute as stated in United Enters., Inc. v. Superior Court, 108 Cal.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 company … [Read more...]

Mills of BLWM Slated to Speak at DRI’s Insurance Coverage and Claims Institute

Mike Mills will speak at DRI’s Insurance Coverage and Claims Institute which is scheduled for April 6 – 9, 2016 in Chicago, Illinois.  The Insurance Coverage and Claims Institute is known as “DRI’s flagship seminar” for coverage counsel, defense counsel, and claims professionals. Each spring in Chicago, DRI assembles outstanding speakers from industry and private practice to provide insight and guidance about current and relevant issues faced by the industry and the attorneys in 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...]

State Farm Tries To Dodge The Single Shot Fired By The Policyholder That Nevada Follows California’s Cumis Rule

The Nevada Law Blogs are documenting the drama that plays itself out on the stage of the Nevada Supreme Court.  This particular drama focuses on whether an insurance company can be obliged to pay the fees of an attorney hired by the policyholder because of an alleged conflict between the interest of the insurance company and its policyholder. We described this epic show down comparing it to an old west gunfight.  We introduced the characters and the issues HERE and HERE.  We outlined the … [Read more...]