Templates Insurance Law Reservation of Rights Rebuttal (Policyholder) - California
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Reservation of Rights Rebuttal (Policyholder) - California - Free Editor

RESPONSE TO RESERVATION OF RIGHTS (CALIFORNIA)

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 and extra-contractual remedies under California law. 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]

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