RESPONSE TO COVERAGE POSITION / DENIAL (ALASKA)
To: [Carrier Claims Adjuster/Address/Email]
From: [Insured / Counsel for Insured]
Date: [DATE]
Policy No(s).: [POLICY NUMBER(S)]
Claim: [CLAIM NAME/NUMBER]
1. ACKNOWLEDGMENT
- We acknowledge receipt of your letter dated [DATE] denying/limiting coverage based on [Exclusions/Conditions cited].
2. FACTUAL CORRECTIONS
- Your letter states [misstated fact]; the correct fact is [correct fact] (see [Exhibit/Attachment]).
- Additional facts relevant to coverage: [List].
3. POLICY INTERPRETATION AND COVERAGE POSITION
- Coverage grant: [Cite insuring agreement and how claim fits].
- Exclusions cited: [List] do not apply because [reasons: exceptions, carve-backs, inapplicable elements, ambiguous terms].
- Conditions: All notice/cooperation/consent conditions satisfied or waived; retro date and policy period satisfied.
- Duty to defend/advance applies because [potential for coverage / broad duty to defend].
4. REQUESTED ACTION
- Withdraw denial/limitation; confirm defense and indemnity coverage (or advancement) in writing.
- Assign or approve defense counsel [NAME/FIRM]; commence defense/advancement within [X] days.
- If you maintain your position, provide a full and specific explanation with supporting policy language and facts as required by applicable Alaska law, including the Alaska Unfair Trade Practices and Frauds Act (AS 21.36).
5. RESERVATION OF RIGHTS (INSURED)
- Insured reserves all rights, including to pursue statutory and extra-contractual remedies where applicable under Alaska law. No waiver of any rights or acceptance of your position.
6. ATTACHMENTS
- [Coverage analysis excerpts, timeline, exhibits correcting facts, prior correspondence]
Please respond in writing by [DATE].
Signed:
[NAME/TITLE or COUNSEL NAME]
[INSURED ENTITY / LAW FIRM]
[CONTACT INFO]