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What is a ‘reservation of rights’ letter?
If you are sued, the legal complaint filed against you may state several different claims, some of which may be covered by your liability insurance policy and some of which may not be covered. The insurance company is obligated to provide a defense for you if any of the claims could be covered, but the company may not be obligated to pay the damages for certain types of claims. A "Reservation of Rights" letter from your insurer is a notice that even though the company is proceeding to handle your claim, depending on what happens, certain losses might not be covered by the terms of the policy. By such a letter, the company preserves or "reserves" its right to deny coverage at a later date based on the terms of the policy.
Liability policies, for instance, typically do not provide coverage for damages which you cause intentionally. If you injure someone under circumstances where the injury could have been accidental or could have been intentional, the legal complaint might allege both that your action was "negligent" and that your action was "intentional." In court, the party suing you will have to prove it was one or the other. In such a case, your insurance company may write a letter saying it will provide you a defense but it will not pay damages if the court finds you caused the injury intentionally. This is an example of a "Reservation of Rights" letter. |
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Are there legal limitations on insurance company business practices?
Are there any limitations on what an insurance company can charge for insurance?
Can an insurance company cancel my policy for any reason it chooses?
Can I cancel my policy at any time and will there be a penalty?
What happens when there is a claim?
If I am sued, does my insurance company defend me in court?
If I am sued, can my insurance company settle the case without my consent?
What is a ‘reservation of rights’ letter?
What can I do when an insurance company refuses to pay a claim?
Lawsuit for ‘bad faith’
Are there any options for resolving a dispute with my insurance company other than suing the company in court?Arbitration
Complaint to department of insurance
What are ‘exclusions’ and ‘limitations’ and how do they affect my coverage?
Are there any government agencies that regulate how insurance companies operate?
Why would someone need or be required to have insurance?
Is a business required to provide health, life and other insurance coverage for its employees?
What is an insurance policy?
What is an ‘insurable interest’?
What am I required to do when I have a claim?
Can an insurance company refuse to sell me insurance for any reason it chooses?
If I miss a premium payment and get a cancellation notice, is there anything I can do to be able to keep the policy?
If I think certain words in my policy mean something different from what my insurance company says they mean, how do we resolve it?
How does an insurance policy ‘protect’ me?
I have a friend who is an avid motorcycle rider and who particularly enjoys driving while drunk. Can I take a out a large insurance policy on him? My odds of collecting are higher than the lottery!
We have a policy limit of $100,000. Does this mean that any medical bills, damages, legal fees, etc. That exceed that limit are my responsibility?
Why does it matter that I give an adjuster my social security number?
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