What to Do When You Receive a Reservation of Rights Letter

In this month’s online-only column from Anderson Kill & Olick, David Shaneyfelt provides his top 10 tips for when you receive a reservation of rights letter from your insurance company.

1. Offer immediate disagreement. Write back to say you disagree and indicate you will follow up later. Avoid saying nothing, as your silence could be used against you, especially if you find this language buried in teh letter: “Unless we hear otherwise, we assume you agree with out approach.”

2. Consult your own counsel immediately. If the claim is large enough, count on your insurance company looking for ways to deny it. If so, retain counsel immediately to press your claim.

3. Request commitment before investigation. If your insurance company wants to investigate before committing to coverage, request a commitment first. You want to minimize the possibility they will build a coverage case against you.

For the rest of the list, don’t miss this online exclusive, only on RMmagazine.com.

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