If a Plaintiff is suing Defendant for personal injury (not motor vehicle related), and that Defendant has insurance, is the Plaintiff entitled to discover whether or not the Defendant's insurance has issued them a reservation of rights letter?
It may. The relationships and responsibilities of the parties and their lawyers is very critical under the model rules for professional conduct. If you can't get this information in discovery you can likely make a motion to disqualify defense counsel for conflict of interest. Then, in defending the motion, the defense counsel will likely disclose who's rights he's advocating and under what terms.
Generally I would think so, but it depends upon your State case law. A reservations of rights letter can be significant and influence how your attorney views the possibility of insurance coverage in your particular case. You should discuss these issues with your own attorney.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Get free answers from experienced attorneys.
24,253 answers this week
2,447 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary