A reservation of rights defense is a means by which a liability insurance carrier agrees to protect and defend its insured against a claim or suit while reserving the right to further evaluate and perhaps even deny coverage for some or all of the claim. It is most commonly used when the claim or suit contains both covered and non-covered allegations, when the allegations are in excess of policy limits, or when the insurer is still investigating its defense and coverage obligations. For the insurer, a reservation of rights provides the flexibility to satisfy its duty to defend without committing to coverage. For the business owner who ultimately may have to pay for an adverse judgment, it requires careful monitoring and attention.
Connecticut Reservation of Rights Letter
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Multi-State
Control #:
US-01995BG
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Word;
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FAQ
When the insurer sends you a reservation of rights letter, it is telling you that it has doubts whether your policy covers some or all of the claims. In a liability lawsuit, the plaintiff often makes several claims. The policy might cover some and exclude others.
Demand letter reservation of rights clause The demand letter advises the recipient that the sender has legal rights, and those rights may be pursued in a legal setting, such as a courtroom, if the sender does not receive satisfactory relief from the recipient.
A reservation of rights permits an insurer to fulfill its broad duty to defend while avoiding waiver, estoppel, or forfeiture of rights or being bound by a judgment entered against its policyholder and serves to warn the policyholder to take steps to protect oneself from the reserving insurer.
After receiving a reservation of rights letter, the first step should always be to call your attorney. If you want to assert your right to have independent attorneys handle your case, your attorney will let the insurer know, and (if there's an argument to be made), will dispute the insurer's reservation of rights.
Demand letter reservation of rights clause The demand letter advises the recipient that the sender has legal rights, and those rights may be pursued in a legal setting, such as a courtroom, if the sender does not receive satisfactory relief from the recipient.
When an insurer issues a reservation of rights letter to its insured, it agrees to accept defense of the claim while reserving the right to later contest coverage under the policy depending on the facts developed through its investigation.
The reservation of rights letter also allows the insurer to decline to indemnify the insured for any portion of a judgment that it not covered under the policy, as long as the grounds for non-coverage are raised in the reservation of rights letter.
A reservation of rights, in American legal practice, is a statement that an individual, company, or other organization is intentionally retaining full legal rights to warn others of those rights.