Focus (Forum & Focus)
Jul. 18, 2008
Minding the Cap
The specific fact pattern necessary to trigger an insured's right to Cumis counsel and 2860's rate cap and arbitration provision has bedeviled insurers, write Philip Hunter Thompson and Timothy M. Thornton. - Focus Column
By Philip Hunter Thompson and Timothy M. Thornton
This article appears on Page 5
Civil Code Section 2860, the codification and clarification of the rule set forth in San Diego Navy Federal Credit Union v. Cumis Insurance Society, Inc., 162 Cal. App. 3d 358 (1984), requires an insurer to offer independent counsel to represent an insured if "the provisions of a policy of insurance impose a duty...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In