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The Definitive Reservation of Rights Checklist: 50 Things That Every Reservation of Rights Letter Should have 2015


Level: Advanced
Runtime: 62 minutes
Recorded Date: November 18, 2015
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Agenda

The Purpose of a Reservation of Rights Letter

  • Legal Purpose

  • Practical Purpose

The Preliminaries

  • The Letterhead

  • Appropriate Addresses

  • Handling Numerous Insureds

  • The Certified Mail Issue

  • The Caption


Introduction of the Letter

  • Introducing the Insurer

  • Introducing the Claim

  • Introducing the Policy

  • Acknowledging the Defense

 

Explaining the Defense

  • Pre-tender Issue

  • Identify Defense Counsel

  • Panel Counsel vs. Independent Counsel

  • Address Rates

  • Billing Guidelines      

  • Consent Requirement

  • Reimbursement of Defense Costs

  • Right to Withdraw and File Coverage Action

Allocation of Covered vs. UncoveredClaims

Identify the Policy

  • Addressing Multiple Plaintiffs

  • Addressing Multiple Defendants

  • Addressing Number of Occurrences

 

The “Fairly Inform” Requirement

Final Considerations

  • Timeliness

  • Cooperation Obligation

  • Excess Insurers

  • Statutory Requirements

  • To whom to send a CC

 

Questions & Answers

Runtime: 1 hour and 2 minutes

Recorded: November 18th, 2015


Description

In this program, the viewers will learn about dozens of items that a Reservation of Rights letter should have, or that should be considered, and different approaches that can be taken to achieve these requirements. The viewer will come away with a checklist that he or she can use in the course of preparing their own Reservation of Rights letters to ensure that their letter sare deemed sufficient.

This program was recorded on November 18th, 2015.

Provided By

Randy J. Maniloff

Panelists

Randy J. Maniloff

Counsel
White and Williams LLP

Randy Maniloff is an attorney at White and Williams, LLP in Philadelphia. He concentrates his practice in the representation of insurers in coverage disputes over primary and excess obligations under a host of policies, including commercial general liability and various professional liability policies.  Randy is the co-author of General Liability Insurance Coverage – Key Issues In Every State (Third Edition, 2015).  Randy publishes Coverage Opinions, a monthly electronic newsletter, with over 21,000 subscribers, that addresses insurance coverage developments across the country and interviews famous lawyers.  Randy has published dozens of articles addressing numerous insurance coverage topics, including, for the past fourteen years, a year-end article that examines the ten most significant insurance coverage decisions of that year.  Randy is a frequent lecturer at insurance industry seminars has been quoted on insurance coverage topics by such media as The Wall Street Journal, The New York Times, USA Today and Associated Press.  In his spare time Randy is a stand-up comic and has performed at some of the most famous clubs in the country.

 

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