Page 55 - Reservation of Rights - Special Edition

OKLAHOMA
Notice
An insurer cannot deny coverage based on a particular coverage defense unless the insurer provides notice of its reservation of rights to assert a coverage defense within 45 days after receipt of proof of loss. Okla. Admin. Code § 365:15-3-5 to § 365:15-3-7.
Content
The reservation of rights letter should identify those relevant provisions of the policy on which the insurer may rely to disclaim coverage. In addition, the insurer should make apparent that any further actions taken by it shall not be
construed as a waiver of any rights or defenses. Melton Truck Lines, Inc. v. Indem. Ins. Co. of N. Am., 2006 U.S. Dist. LEXIS 43179, *9-10 (N.D. Okl. 2006).
An insurer “must disclose the rationale for coverage denial within a reasonable time.” The disclaimer must make “spe- cific reference to the policy defense being relied upon by the insurer.” Cust-O-Fab Serv. Co., LLC v. Admiral Ins. Co., 158 Fed. Appx. 123, 129 (10th Cir. 2005).
Conflicts of Interest and Independent Counsel
In Oklahoma, no statute or case law requires an insurer to pay for independent counsel whenever it asserts a reserva- tion of rights.
2018 ReseRvation of Rights - special edition
OKLAHOMA
At the business law, commercial litigation and insurance litigation defense law offices of Hiltgen & Brewer, P.C., we know that your self-insured and insured business deserves professional, rigorous and experienced legal representation if you are being sued. Since 1996, the primary focus of H&B has been to provide trial and litigation expertise to self-insured and insured clients. In essence, our goal is to provide fast and effective results at a reasonable rate, with the emphasis on reasonable and results. We treat you like you are our only client. For big firm representation with a personal relationship and personal service.
If you have been named as a defendant in a claim, or need legal counsel about protecting your assets from litigation, the insurance defense law offices of Hiltgen & Brewer, P. C., contact the insurance defense law offices of Hiltgen & Brewer, P.C., to schedule an appointment to meet with us.
Our Directors provide a combined 90 years of effective trial defense litigation representation. Together with a team of associates and legal professionals, we give your business the intelligent, knowledgeable and effective representation you need to remain successful. Hiltgen & Brewer provides its services on an hourly billable and alternative fee basis. Our firm has extensive experience with a wide range of alternative fee structures.
Practice Areas: Insurance Law; Personal Injury Defense; Premises Liability Defense; Product Liability Defense; Heavy Equipment Injury Claims Defense; Insurance Subrogation; Workers’ Compensation Defense; Errors Omissions/Directors and Officers Coverage; Railroad Defense; Employment Law; Trucking and Transportation Law; Architectural and Engineering Law; Business and Commercial Law; Construction Law; Dealer Distributor Law.
52