Bradley Prowant and Seth Row | Stoel Rives A recent Minnesota Court of Appeals decision expands policyholders’ rights to independent counsel when an insurer defends under a reservation of rights. The ruling holds that when the same facts determine both liability and insurance coverage, the insurer may be required to fund counsel selected by the… Continue reading When the Insurer Calls the Plays: Minnesota Expands the Right to Independent Counsel
Tag: Reservation of Rights
Minnesota Court of Appeals Holds that an Insurer’s Reservation of Rights Can Entitle an Insured to Select Independent Counsel
John A. Knapp and Brandon Batchelor | Stinson On June 1, 2026, the Minnesota Court of Appeals issued a decision in Fabyanske, Westra, Hart & Thomson, P.A. v. Western National Mutual Insurance Company, in which the court held that a conflict of interest on the part of counsel hired by an insurance carrier can entitle an… Continue reading Minnesota Court of Appeals Holds that an Insurer’s Reservation of Rights Can Entitle an Insured to Select Independent Counsel
Defending Under A Reservation Of Rights: Practical Insights For Insurers From The US
Jean-Paul Rudd | Adams & Adams A recent decision from the Southern District of New York offers valuable perspective on the procedures and obligations that arise when an insurer defends a claim under a reservation of rights. Background The case involved a professional negligence action against an attorney, following an alleged failure to sue all… Continue reading Defending Under A Reservation Of Rights: Practical Insights For Insurers From The US
Understanding a Reservation of Rights Letter
Alexis Theriault | Conn Kavanaugh You have purchased a liability insurance policy and believe that your insurance coverage will protect you from any claims that may be made against you. You receive a claim letter or are served with a legal document that says “complaint” and initiates a lawsuit against you. You send it to… Continue reading Understanding a Reservation of Rights Letter
An Insurance Company’s Generic Reservation of Right can Lead to a Waiver of a Late Notice Defense
Anthony Crawford | Red Smith For insurance recovery attorneys, one of the more frustrating ways for a policyholder to lose coverage for a property loss is on the basis of late notice. Property insurance policies generally require the policyholder to give the insurance company “prompt notice” of claims and potential claims. Property policies may specify… Continue reading An Insurance Company’s Generic Reservation of Right can Lead to a Waiver of a Late Notice Defense