Reserving the Right to Say No, No, No!

Discover best practices for drafting a reservation of rights letter and assessing whether the letter creates a conflict of interest that requires the insurer to offer the right to independent counsel.

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• Reservation of Rights Letter (Third-Party Claim)
  Use this template to prepare a reservation of rights letter for an insurer. It includes drafting notes that specify the information these letters should contain.

• Reservation of Rights Letter and Non-Waiver Agreement Drafting Checklist
  Follow the steps that guide you through the critical issues that arise when drafting reservation of rights letters and non-waiver agreements.

• Denial of Coverage Letter
  Use this template to draft the essential components of an insurer’s denial of coverage letter. The template includes drafting notes for each section.

• Denial, Disclaimer, and Declination of Coverage
  Learn about the distinctions between these insurer responses to claims and the essential elements to include in each type of communique.

• Determination Letter Required Language State Law Survey
  Review laws across the 50 U.S. states about the specific statutory language that may be required for an insurer’s determination letter denying coverage. The survey includes the standards courts use to determine if a denial letter was proper, and cites to applicable statutes and case law.   

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