Independent Counsel Required: Nevada Supreme Court Follows California’s “Cumis Counsel Rule”

Locke Lord LLP
Contact

The Nevada Supreme Court has found that an insurer must provide independent counsel for its insured when a conflict of interest arises between the insurer and the insured, adopting California’s “Cumis Counsel” rule. While Nevada law allows “dual representation” such that insurer-appointed counsel represents both the insurer and the insured, that is not permissible when the insurer and insured have opposing legal interests. In those instances, Nevada law requires the insurer to satisfy their contractual duty to defend their insured by allowing the insured to select their own independent counsel at the insurer’s expense. Also, although noting a divide among different jurisdictions’ decisions, the court held that independent counsel is only required when there is an “actual conflict” between the insurer’s and insured’s interests and that a reservation of rights letter does not create a “per se conflict of interest.” The court’s opinion in State Farm Mut. Auto. Ins. Co. v. Hansen can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Locke Lord LLP

Written by:

Locke Lord LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Locke Lord LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide