Karyne T. Ghantous is a California licensed attorney with over 25 years of litigation and insurance defense experience successfully negotiating the resolution of, and trying cases in State and Federal court, Contra Costa County, Alameda County, San Francisco County, Santa Clara County, Sacramento County, Solano County and Monterey County.
We would welcome the opportunity to earn your trust and deliver aggressive, yet cost-effective results allowing you to focus on your company’s business objectives instead of costly litigation. Contact us at [email protected] or [email protected] or call us at 925-242-2431.
Ghantous Law Corporation is a women-owned business, women-owned law firm. DUNS #012089013.
With 25+ years experience litigating insurance defense matters, we serve as independent counsel and "Cumis" counsel for insureds facing liability claims and litigation. We regularly defend property owners, contractors, and insureds involved in multi-party litigation claims where a carrier has assigned defense counsel pursuant to a liability policy. As independent counsel we stand in the shoes of the insured and help with strategy calls before and during litigation, prioritizing the insured's best interests over the carrier’s. Our goal is to resolve matters as quickly as possible so our insureds can go on with their lives litigation-free.
While many insureds elect to retain Independent counsel at their own expense, "Cumis" counsel refers to the retention of a lawyer selected by an insured but paid for by an insurer as required by Civil Code section 2860 after the decision in San Diego Federal Credit Union v. Cumis Ins. Society, Inc. (1984) 162 Cal.App.3d 358. In the context of insurance liability cases, an insurer is entitled to control the defense of its insured pursuant to the terms of the insurance policy. This means the insurance company can appoint counsel to defend an insured while reserving rights on the uncovered claims. Because the insured remains exposed to any uncovered claims, while defense counsel has an obligation to defend the insured on all claims-- whether or not covered by the policy, independent counsel assists in making sure the uncovered claims are fully considered during the defense of the case.
Why Retain Independent Counsel or "Cumis" Counsel (Cal. Civ. Code § 2860) ?
The relationship between the insured, insurer, and insurer-retained defense counsel is referred to as the “tripartite relationship.” Because defense counsel has duties owing to both the insurance company and the insured, a conflict of interest can arise when the insurance company has reserved rights to later deny coverage or seek reimbursement for claims not covered under the policy. In these cases, the insured may have an option to obtain Cumis counsel at the insurer's expense or retain independent counsel, at their expense, to monitor the activities of the insurance company’s appointed defense counsel.
Defense attorneys assigned by a carrier to defend an insured are obligated to follow the California Rules of Professional Conduct but they have two clients with potentially differing interests. Defense counsel cannot become involved in coverage disputes between their two clients, the carrier and the insured. The decision to retain independent counsel involves the weighing of risks which are dependent upon many factors. Determining if a potential conflict exists to warrant the costs associated with independent counsel is also dependent on the facts and allegations of the specific case. Independent counsel or Cumis counsel ensures that no steps are taken in the litigation of the case to hurt the best interests of the insured-- not the carrier paying defense counsel's fees. In some situations, where a potential conflict of interest arises, an insurer is contractually obligated to pay for independent counsel as codified under California Civil Code section 2860 which provides as follows:
§ 2860. Conflict of interest; duty to provide independent counsel; waiver; qualifications of independent counsel; fees; disclosure of information
West's Ann.Cal.Civ.Code § 2860