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Review a reservation-of-rights letter

This page lists three turns, the messages you send to the AI one after another in the same chat, and then a check of the answer. Keep it open next to your chat. Each turn shows the next thing to paste, with the values you entered already filled in. Nothing is sent from this page, and your conversation stays in the AI tool you are using.

Paste the carrier's letter in full, including the general reservation and closing paragraphs.

The counts and theories pleaded, with paragraph numbers where the theories diverge.

The state whose law governs the policy, and where the underlying case is pending if different.

The insuring agreement, exclusions, and conditions the letter relies on.

Who is defending, who appointed them, and any panel relationship with this carrier.

Your client's priority, which decides how hard to push on the ROR.

Watch for these throughout

  • Independent-counsel law is not uniform. California's Cumis framework and Civil Code § 2860 rate and arbitration provisions do not apply elsewhere, and many states require an actual rather than potential conflict. Confirm the rule in the governing state before advising the client.
  • The conflict usually plays out in the verdict form and special interrogatories, not in the pleadings. Watch what defense counsel proposes at that stage, not just what the ROR says.
  • Whether accepting a defense under reservation without objection affects the insured's later position varies by state. Do not assume silence is safe.
  • Communications between the insured and carrier-appointed defense counsel may or may not be shielded from the carrier on reserved issues. Confirm the tripartite privilege rule before anything sensitive is shared.
  • The ROR may be the carrier's attempt to satisfy a statutory notice deadline. Your response may need to be prompt for reasons the letter does not disclose.