Benefits & ERISA Law

A Real World Legal Guide to Issuing Reservation of Rights Letters

Now this is neat. Here is something that, at least to insurance coverage people, is actually pretty cool. In a world in which most published articles in the legal realm take place on a somewhat airy level, we don’t see enough pieces that provide practical information that is useful in dealing with the nitty gritty aspects of day to day work, particularly concerning those aspects of business life that require making practical use of legal standards and controlling principles. In the world of insurance, one of the most important points at which legal principles and day to day practicalities collide is in the position letters, such as reservation of rights letters, that insurers issue in response to notices received from insureds concerning claims made against them. This article here surveys the key issues that impact issuing those types of letters.

While I don’t necessarily agree with each and every point - many are subject to judgment calls - in the article, most are right on the money, and it certainly surveys the majority of the key issues that at least have to be considered in preparing a reservation of rights letter.

Full post as published by Boston ERISA Law Blog on July 29, 2008 (boomark / email).