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Reservation of Rights

What is a Reservation of Rights?

Reservation of rights, in the realm of commercial insurance, refers to a legal notice provided by an insurance company to an insured party when there is uncertainty or potential coverage limitations related to a claim. It is a communication that allows the insurance company to investigate the circumstances surrounding the claim while reserving their right to deny coverage or disclaim responsibility if certain conditions or exclusions in the insurance policy are applicable.

Reservation of Rights in More Detail

When an insurance company issues a reservation of rights letter, it indicates that they are acknowledging the claim but want to further assess the facts and policy provisions to determine if coverage applies. It serves as a protective measure for the insurer to ensure they are not waiving any rights or admitting liability prematurely.

From the insured’s perspective, receiving a reservation of rights letter can be concerning, as it signals the possibility that the insurance company may not provide full coverage for the claim. It is crucial for the insured party to carefully review the reservation of rights letter, understand the reasons for the reservation, and seek professional guidance to assess their rights and potential legal implications.

Reservation of rights provides a mechanism for insurance companies to conduct thorough investigations and make informed decisions regarding coverage while protecting their interests. It helps maintain the integrity of the insurance policy and ensures that coverage is provided according to the terms and conditions agreed upon.

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