Drafting and Sending a Reservation of Rights Letter

By Denise Johnson | September 10, 2012

  • September 11, 2012 at 1:07 pm
    Jack says:
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    Depending on the jusidiction, ROR’s can do more harm than good. Routinely sending them on a “theoretical” basis can trigger a CUMIS right in those States, like California, that allow the Insured to obtain his own counsel at the Insurer’s expense (subject to certain codified conditions) where an ROR created a conflict. ROR’s should only be sent on Liability claims where there is a real coverage issue the Insurer intends to enforce via a Dec. Relief case- routinely doing them may do more harm, than good.

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