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
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.
- Policyholder notice of claim and reservation of rights
- State law requirements for tender of defense
- Insurer’s response and reservation of rights letter
- Critical issues raised by a defense under an ROR
- Insurer’s right to reimbursement of defense costs
- Potential conflicts of interest
- Control of the defense
- Impact of an ROR on defenses not specifically waived
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?
Christian A. Cavallo
Mr. Cavallo is an insurance coverage litigator representing insurers in high-value cases in state and federal courts.... | Read More
Mr. Cavallo is an insurance coverage litigator representing insurers in high-value cases in state and federal courts. His practice involves drafting coverage opinions and memoranda analyzing his clients’ rights and obligations under complex insurance contracts and providing advice to claims personnel and assigned counsel concerning a wide variety of coverage issues.Close
Renee C. Callantine
Cornerstone Law Group
Ms. Callantine is the head of the Firm's insurance coverage practice. Her practice is primarily concentrated on... | Read More
Ms. Callantine is the head of the Firm's insurance coverage practice. Her practice is primarily concentrated on representing policyholders in coverage disputes, including litigation over alleged bad-faith claims handling. She also provides coverage advice and representation at appraisal hearings, and she assists brokers in responding to Department of Insurance complaints. She has extensive experience in property and casualty claims, ranging from personal lines homeowners and automobile policies to complex commercial lines policies. As a CPA, she is often asked to assist with claims and litigation involving complex business interruption losses or other complicated accounting issues.Close
Eliot M. Harris
Mr. Harris' practice focuses on commercial litigation with an emphasis on insurance coverage, including general... | Read More
Mr. Harris' practice focuses on commercial litigation with an emphasis on insurance coverage, including general liability coverage, intellectual property coverage, construction defect coverage, and professional liability coverage. He also is experienced defending lawsuits involving catastrophic personal injuries, environmental toxic tort, intellectual property and product liability matters. He wrote an article for the Business Litigation Committee Newsletter of the ABA, on insurer's duty to defend, The Duty to Defend: What Insurers, Insureds and Their Counsel Need to Know When Faced With a Liability Coverage Dispute.Close
Christopher R. Weiss, Esq.
Mr. Weiss focuses his practice on representing insurers in complex insurance coverage disputes. In addition to his work... | Read More
Mr. Weiss focuses his practice on representing insurers in complex insurance coverage disputes. In addition to his work on behalf of insurers embroiled in matters arising from Superstorm Sandy, his experience also includes defending a range of entities and individuals in professional liability and premises liability actions.Close