Katherine is employed as an adjuster and has been assigned a large liability claim.

If the insured refuses to sign a non-waiver agreement, Katherine should send a reservation of rights letter. A non-waiver agreement is signed by the insured and insurer to confirm that the insurer may investigate the claim without waiving any coverage defences or admitting liability. If the insured will not agree, the insurer can unilaterally issue a reservation of rights letter. This letter tells the insured that the insurer is continuing to investigate or handle the matter while reserving the right to deny coverage or rely on policy defences once the facts are established. Option A is not the standard claims document. Option B is wrong because accepting coverage would defeat the purpose of preserving the insurer’s position. Option C is also incorrect because the adjuster should not admit liability where fraud or staging is suspected. The reservation of rights letter is essential in suspicious or uncertain claims because it protects the insurer against later arguments that investigation amounted to acceptance of coverage. References/topics: Claims; non-waiver agreement, reservation of rights, suspicious claims, coverage investigation, insurer defences.