Notice, Tender and Reservation of Rights: Crafting Coverage Correspondence, Evaluating Issues Raised by Defense Under ROR

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, July 12, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide insurance counsel with a review of drafting claims and related correspondence, including the policyholder’s notice and tender of a claim, and the insurer’s response and reservation-of-rights (ROR) letter. The program will focus on critical issues that arise from a defense under an ROR, including the insurer’s right to reimbursement of defense costs, potential conflicts of interest, control of the defense, and the impact of an ROR on defenses not specifically waived.

Description

Initial claims-related correspondence presents numerous issues that counsel must consider to preserve coverage rights and reserve the right to deny coverage. Policyholder counsel must consider the timing and substance of the notice of claims as well as state law requirements for tender of defense.

When the insurer agrees to defend under an ROR, drafting an effective and comprehensive ROR letter is critical. A defense under an ROR raises numerous issues that both policyholder and insurer counsel must consider and respond to appropriately.

Critical issues raised include the insurer’s right to reimbursement of defense costs if it later prevails on the coverage issue, and potential conflicts of interest, control of the defense and the impact of an ROR on defenses not specifically waived.

Listen as our panel of policyholder and insurer counsel provides best practices for drafting claims-related correspondence and identifies critical issues that counsel must consider when the insurer agrees to provide a defense under an ROR. The panel will analyze key issues that arise from a defense under ROR, including the insurer’s right to reimbursement of defense costs, potential conflicts of interest, control of the defense, and impact of an ROR on defenses not specifically waived.

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Outline

  1. Policyholder notice of claim and reservation of rights
    1. Timing
    2. Substance
    3. State law requirements for tender of defense
  2. Insurer’s response and reservation of rights letter
  3. Critical issues raised by a defense under an ROR
    1. Insurer’s right to reimbursement of defense costs
    2. Potential conflicts of interest
    3. Control of the defense
    4. Impact of an ROR on defenses not specifically waived

Benefits

The panel will review these and other key issues:

  • What is the distinction between notice of claims and a tender of defense?
  • What factors must policyholder counsel consider when presenting the insurer with notice of claims?
  • What should a comprehensive ROR letter include and what issues must the insurer consider?
  • How can the policyholder effectively respond to the insurer’s agreement to defend under an ROR?
  • How do the courts determine whether the insurer may be entitled to reimbursement of defense costs for uncovered claims?

Faculty

Christian A. Cavallo
Christian A. Cavallo

Partner
Goldberg Segalla

Mr. Cavallo is an insurance coverage litigator representing insurers in high-value cases in state and federal courts....  |  Read More

Callantine, Renee
Renee C. Callantine

Principal
Cornerstone Law Group

Ms. Callantine is the head of the Firm's insurance coverage practice. Her practice is primarily concentrated on...  |  Read More

Eliot M. Harris
Eliot M. Harris

Member
Williams Kastner

Mr. Harris' practice focuses on commercial litigation with an emphasis on insurance coverage, including general...  |  Read More

Christopher R. Weiss, Esq.
Christopher R. Weiss, Esq.

Goldberg Segalla

Mr. Weiss focuses his practice on representing insurers in complex insurance coverage disputes. In addition to his work...  |  Read More

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