Reservation of Rights Letter: Respond to the Threat of Denied Coverage
Summary
In American law, “reservation of rights” is a statement by a party that all legal rights are being intentionally preserved. As such, it’s a preemptive strike that guards against claims of an express or implicit waiver of any of the rights covered by such a notice. Reservation of rights letters occur in copyright, contract and other areas of law, but most commonly in the context of insurance claims.
Reservation of Rights (ROR) letters are frequently issued by insurers to pressure policyholders into taking less coverage than what they expect and to delay the resolution of a claim. This loss or delay of coverage can be financially crippling to a company. How should you respond to an ROR letter to retain coverage for your client? Join us for this live 90-minute CLE webinar to discover:
- 10 keys for responding to a reservation of rights letter and avoiding traps
- Critical issues of non-coverage, policy language, exclusion and scope
- How to maintain attorney-client privilege despite a cooperation clause
- Steps to control the determination of what constitutes conflict of interest
Program Highlights
Responding to an ROR Letter: Your Rights, Options & Duties
- How to counteract an insurer's top reasons for claim rejection
- Pursuing a right independent counsel: Is it time to let it go?
- What are strong defenses for covered/non-covered claims?
- Reasonable vs. unreasonable requests: Key differences to know
Critical Issues of Non-Coverage: Policy Language, Exclusion & Scope
- Legal strategies for protecting a policyholder rights
- When should a policyholder insist on a confidentiality agreement?
- How to navigate the complex issues during the investigation process
- Essentials of allocating expenses among covered/non-covered claims
Reservation of Rights Letters: What You Need to Know
- What triggers an ROR to be issued?
- Insurers' options and how to best protect your client
- Key issues of Waiver/Estoppel and Duty to Defend
Question & Answer Session - Have your questions answered by the expert!
About the Speaker
Your instructor is Dr. Jim Castagnera, Esq. Following ten years with a major Philadelphia law firm.
- Dr. Castagnera joined a central New Jersey university as legal counsel. An experienced professor of law, currently an adjunct professor in the Drexel Law School, he illustrates his key points with recent court opinions gathered from around the nation.
- Combining sound best practices with up-to-the-minute common law trends, he maps the ROR landscape, flags the land mines, and leaves subscribers with valuable practical take-aways.
Program Benefits
In this 90-minute webinar, you will discover strategies for responding to Reservation of Rights letters to help your clients get the insurance coverage they need.
