Page 65 - Reservation of Rights - Special Edition

UTAH
Notice/Content
In Utah, reservations of rights must be made known to the party against which a reservation being made. Utah Farm Prod. Credit Ass’n v. Watts,737 P.2d 154, 160 – 161 (Utah 1987).
Although it is generally accepted that a surety (accommoda- tion party) need not be given notice of the reservation of
rights the primary obligor in such a case, it seems, must be given notice of information as part of the release agreement. Moreover, a reservation of rights implicitly deals with the subject matter of a release, and such reservation must be made prior to or contemporaneously with the point in time where a release agreement takes effect. Id. at 161
Furthermore Utah requires that “a reservation of rights letter be sent in a timely fashion”. Cont’l Ins. Co. v. Kingston, 114 P.3d 1158, 1164 n.8 (Utah Ct. App. 2005). Once the insurer learns of the incident the letter should be sent or at least
2018 ReseRvation of Rights - special edition
UTAH
Founded in 1950, located in the historic Newhouse Building, Kipp and Christian provides full spectrum legal services for premier corporate and individual clients. Our attorneys are experienced trial lawyers with solid track records of delivering optimum results for clients. While we are recognized for our excellence in the courtroom, we also know that sometimes the best result can be obtained without going to trial, and when we advise clients that this is the case our reputation provides the strong negotiating position our clients need.
The attorneys at Kipp and Christian are experienced in a wide range of complex areas of litigation, including insurance, personal injury, professional liability, products liability and commercial litigation. We also provide exceptional general counsel services to insurers, employers and other firms. Our broad background and range of experience allow us to effectively represent clients across all of their litigation needs.
Equally important, the firm prides itself on providing clients with good value in resolving cases. Our attorneys are rigorous and efficient in the pre-trial stages of a case, and know where to look for value.
Commitment to the local and legal communities is an important hallmark of our practice. Firm members have held leadership roles in the local and state bar associations and more than half of the firm is active in the American Inns of Court, an organization designed to improve the skills, professionalism and ethics of the bench and bar.
Practice Areas: Insurance Law; Product Liability Litigation; Professional Liability Defense; Trucking Industry Defense; Commercial Litigation; Government Entity Defense; Health Care Facility Litigation; Food Liability; Construction Defect Defense Litigation.
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