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A defense under a reservation of rights raises many complex issues that both policyholder and insurer counsel must consider and respond to appropriately.
Critical issues raised include the insurer's right to reimbursement of defense costs if it later prevails on the coverage issue, and potential conflicts of interest, control of the defense and the effect of a ROR on defenses not explicitly waived.
State statutes and court decisions are crucial in determining the insurance company's and the policyholder's rights when the duty to defend is under dispute. Both parties must understand the standards for the relevant state or states.
Our panel will provide insurance counsel with an understanding of the critical issues raised when an insurer provides a defense under a reservation of rights, how different state laws and courts treat the issues, and best practices for both parties to protect their rights and resolve disputes.
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