RESPONSE TO RESERVATION OF RIGHTS
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 reservation-of-rights letter dated [DATE].
2. FACTUAL CORRECTIONS
- The letter states [misstated fact]; the correct fact is [correct fact] (see [Exhibit]).
- Additional relevant facts: [List].
3. COVERAGE POSITION
- The claim falls within the insuring agreement: [cite].
- Exclusions cited are inapplicable or subject to exceptions/carve-backs because [reasons].
- All conditions (notice, cooperation, consent) have been met or are being met.
4. REQUESTS TO CARRIER
- Confirm that defense coverage (or advancement) will proceed without delay and that counsel [NAME/FIRM] is approved.
- Clarify whether each reservation applies to defense, indemnity, or both; withdraw reservations that lack factual or legal basis.
- Provide a detailed explanation for any reservation maintained, with policy citations and supporting facts.
5. RESERVATION OF RIGHTS (INSURED)
- Insured rejects unsupported reservations and reserves all rights, including to seek statutory/extra-contractual remedies. No waiver of any rights.
6. ATTACHMENTS
- [Timeline, exhibits correcting facts, prior correspondence, policy excerpts]
Please respond in writing by [DATE].
Signed:
[NAME/TITLE or COUNSEL NAME]
[INSURED ENTITY / LAW FIRM]
[CONTACT INFO]