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This program was recorded on December 7, 2020
When an injured, third party plaintiff sues a defendant who notifies its liability insurer, it must promptly tell its policyholder whether coverage is accepted or denied in whole or in part. If the insurer decides to defend its policyholder but not necessarily to pay any judgment or settlement, then it must warn its policyholder in what is known as a reservation of rights letter. A reservation of rights always creates some conflicts of interest between the insurer and policyholder since each wants the other to pay for the third party liability dispute. This course explains what a reservation of rights is, why, when and how it must be given, and the consequences of a liability insurer’s failure to reserve its rights properly, invoking the law of forfeiture, waiver, and equitable estoppel. It will also guide policyholders and their counsel how to respond appropriately to a liability insurer’s assertion of a reservation of rights.
Principal fields of study include: duty to defend, conflicts of interest, reservations of rights, Cumis counsel, lawyers’ ethical obligations, reasonableness of attorney fees, insurer reimbursement claims, good faith reliance on counsel, insurer good or bad faith, insurance coverage in construction defect, professional liability, personal injury, many business and personal torts, products liability, malicious prosecution, false imprisonment, libel, slander, wrongful eviction, invasion of privacy, discrimination, sexual harassment, and pollution claims. Represented insurance companies or policyholders in coverage disputes. Defended policyholders for insurers in a wide variety of liability suits.
1 General Credit
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- The Situation
- Reservation of Rights Defined
- Primary Purposes of Reservation of Rights
- Three Subsidiary Reasons
- Reject of Reservation of Rights
- Forfeiture, Waiver, Estoppel
- Develop Admissible Evidence
- Reject Spurious Defenses
- Rule 1.7 Protocol
- Regulatory Authorities