Reservation of Rights
Periodic Lien Waiver and Release Barred Subsequent Claim
February 7th, 2020
Monthly lien waivers are a common element of the payment process for a construction project. Often, the lien waiver form includes acknowledgment of payment in full through a date certain, and sometimes the form includes release language. A New York c…
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Categories: Construction
Failure to Promptly Reserve Rights on Coverage = Loss of Ability to Disclaim
October 2nd, 2018
From the 2nd Circuit Court of Appeal comes a reminder that undertaking defense of a claim without any reservation of rights can bar an insurer from disclaiming coverage nine months later – even if the claim was not within the policy language from t…
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Generic Reservation of Rights Letters Are Inadequate Notice of Coverage Issues
January 16th, 2017
A common practice in reservation of rights letters has been heavily criticized by the South Carolina Supreme Court. In fact, the court rejected a generic reservation of rights letter. It stated: “It is axiomatic that an insured must be provided suf…
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