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Cumis Counsel
"Cumis counsel" refers to an independent attorney appointed to represent the association or board members in cases where there is a conflict of interest with the association's insurance company. Instead of insurance appointed counsel, the association or its directors could have counsel of their own choosing as provided for in Civil Code §2860(a). The term originated in the case of San Diego Federal Credit Union v. Cumis Insurance Society, Inc.

A conflict of interest often arises when the insurance carrier agrees to defend under a "reservation of rights." When that happens, a conflict of interest exists between the economic and litigation interest of the insurer and the association. If the conflict is significant, the traditional right of the insurer to select counsel and control the defense is lost. As a result, the association may select independent counsel and control the defense, but the insurer must pay the defense costs.

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