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Insurance Bad Faith Checklist

How to Respond to a Reservation of Rights Letter

This letter tends to arrive when an insurer agrees to defend you but wants to preserve the argument that it does not have to pay. It is not a denial, and it is not nothing.

  1. Understand what it actually reserves

    The letter should identify the specific policy provisions the insurer says may exclude or limit coverage. Vague reservations that gesture at the whole policy are worth pressing on.

  2. Notice the conflict it creates

    Your insurer is now paying for your defense while arguing it may not owe you coverage. That tension can affect who controls the defense and, in some circumstances, whether you are entitled to your own counsel at the insurer’s expense.

  3. Respond in writing rather than ignoring it

    Acknowledge it, ask for the specific provisions relied on, and reserve your own position. Silence is sometimes treated as acceptance of the framing.

  4. Watch the defense itself for signs of the conflict

    Which issues the defense develops, and which it leaves alone, can track the coverage argument rather than your interests. That is worth noticing early, not after a verdict.

  5. Get advice before the underlying case is resolved

    The coverage fight and the underlying case interact, and decisions made in one affect the other. This is the point at which independent advice is most useful.

What you can actually sue for depends on your state

These steps apply wherever your policy was issued. Whether you can sue under a statute, what you can recover, and how long you have differ sharply between states — choose yours.

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General information, not legal advice. Insurance law differs by state and every policy is different.