Today, a growing number of insurance companies will try to get rid of this responsibility by sending you a „legal reserve“ letter before further investigations are conducted if they suspect that coverage does not apply. In many cases, the insurer may first submit a waiver contract to be signed by the insured taker. When the policyholder does not sign the non-waiver agreement, there is often a property reserve. A non-waiver agreement is a method by which an insurer can reserve the right to make the decision on coverage until after an investigation. Such an agreement is bilateral, with the insured, in order to reserve this right and set the expectations of the investigation and compensation process. The courts generally accept such an agreement, provided that it satisfies the information that has historically been required by the courts and that the parties to the agreement are in a position of negotiation and agreement on an equal footing. You have refused to sign an agreement without a waiver: if you refuse to sign an agreement without a waiver, your insurer can issue a letter of reserve of ownership. A compelling reason for an insurer to enter into a non-waiver agreement or execute a property reserve is to keep control of the process. In theory, however, insurers are only responsible for the cost of claims litigation, which is clearly part of the coverage covered by the policy. In reality, insurers are often required to bear costs that are spread over the percentage of liability. In the event of a conflict, the insurer may bear full responsibility for the cost of litigation and may lose its ability to appoint and teach legal counsel. Although these were legitimate concerns of an insurer, the courts argued that these rights are being replaced by those of an insured. Such a decision was made, for example, by the 1989 decision of the Supreme Court of British Columbia by Carter v.
Kerr. When a new claim is submitted, insurance companies often reserve the insurance policyholder`. Otherwise, some insurers will issue a non-waiver agreement. By establishing a non-waiver agreement, insurers strive to preserve potential coverage by ensuring that the policyholder agrees that the insurer can investigate the claim or defend the policyholder, while preserving the right to challenge coverage at a later date.