Anatomy of a Reservation of Rights Letter: Common conflicts of interest between the insurer, the insured, and defense counsel

Jacquelyn Mohr Heitman | Pasich, LLP

Jacquelyn Mohr Heitman is a partner in Pasich LLP’s Manhattan Beach office and a member of the firm’s insurance recovery practice. Jacquelyn has extensive experience representing commercial and individual clients in a wide range of complex coverage disputes, including coverage advice, pre-litigation disputes, international arbitrations, and coverage litigation. Her insurance coverage work includes first and third-party claims, bad faith litigation and indemnity recovery.

Over her career, Jacquelyn has advocated for her clients under an array of forms and policies, including All Risk, Builder’s Risk, Commercial Crime, Cyber, Directors & Officers (D&O), Employment Practices Liability (EPL), Environmental Liability, Errors & Omissions (E&O), Fiduciary Duty, General Liability (GL), Homeowners’ Insurance, and Workers’ Compensation. Jacquelyn has helped insureds recover hundreds of millions of dollars in wrongfully denied insurance proceeds and related damages. Jacquelyn also volunteers with natural disaster victims to assist with their insurance coverage claims and has been awarded an honor for her work by the United Policyholders non-profit organization.

Kayla Robinson | Pasich, LLP

Kayla is a partner in the firm’s Los Angeles office, where she represents insured individuals and entities in a variety of matters, including major property damage, business interruption, and theft losses. She also represents insureds in connection with third-party coverage disputes involving employment practices liability insurance, commercial general liability insurance, and professional liability insurance.

Kayla obtained her J.D. summa cum laude from the Benjamin N. Cardozo School of Law and B.A. from the University of British Columbia. She is admitted to practice in California, New York, U.S. Court of Appeals for the Ninth Circuit and U.S. District Court, Central District of California.

Stephen Wah | Pasich, LLP

Stephen Wah is a managing associate in the New York office. Stephen has litigated in New York and federal courts, representing clients in a wide range of complex coverage disputes, including first and third-party claims, insurance broker liability, directors and officers liability, and bad faith litigation.

Stephen has advised clients regarding insurance coverage under an array of forms and policies including Directors & Officers, Employment Practices Liability, Fidelity, General Liability, Products Liability, Property, and Workers’ Compensation. Stephen has represented policyholders, successfully recovering millions of dollars in wrongfully denied insurance proceeds and related damages.

I. What is a reservation of rights? | 12:00pm – 12:15pm

II. What are the potential conflicts of interest? | 12:15pm – 12:30pm

III. What are the insured’s rights? | 12:30pm – 12:45pm

IV. Ethical considerations for defense counsel | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

V. Common interest and confidentiality | 1:10pm – 1:25pm

VI. Defense costs and billing | 1:25pm – 1:40pm