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Reservation of rights is a useful tool for the insurer to protect itself against the risk of loss of coverage or avoidance rights.
This creates a potential conflict of interest because the insurer-retained defense counsel may be able to control the insured's defense in such a way as to affect the outcome of the coverage issue.
A court might wonder why the insurer abandoned the claim after it initially thought it was covered. The court could say that by its own acts, the insurer waived its rights to deny coverage. The legal system often refers to this as bad faith.A reservation of rights letter does not mean the claim isn't covered.
There are states that required insurance companies to send a letter by certified mail when your rates are transitioned to a much higher premium. Also, if you have been in a bad wreck and they have been seeking verbal recordings or written information from you on the accounts of the incident.
Insurance companies send a reservation of rights letters because not doing so could be considered a waiver of their rights at a later time.Under a liability insurance policy, your insurer may have a broader obligation to defend the insured than to actually secure against losses.
The reservation of rights letter contains specific information about the claim, including the policy in question, the claim made against the policy, and the part of the claim that may not be covered.
ROR letters are used when an insurer identifies coverage defenses and/or policy defenses. Insurance companies routinely send reservation of rights letters, as failing to send one can waive their rights. If you receive one, you should contact your insurance company to find out why your claim may not be covered.
State that you are reserving all of your rights under the policy; state that you will cooperate and will provide the information the insurer requested to the attorney the insurer retained to defend you; correct any errors as to dates or facts set forth in the ROR letter;