Legal Question in Insurance Law in Massachusetts

withdrawal of reservation of rights

My son was involved in a MVA in Massachusetts. We received a letter notify us that the insurance co was withdrawing its reservation of rights. What does that mean? The insurance company's law firm is handling the case and he has to appear for a deposition. What does all of this mean?


Asked on 3/23/07, 12:45 pm

1 Answer from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: withdrawal of reservation of rights

I don't have enough information to really tell you. Who was hurt? What are the victim's injuries? What was your son's role in the accident? Were there criminal charges brought against son as a result of accident?

Is the insurance company you mention is the auto insurer covering your son? I'd really need to see both the policy and all of the insurance company's letters. If you want to send them to me I will take a look.

Short of that, it appears that your son was responsible for all or part of the accident, and that the auto insurance company is now defending him per the terms of the policy for any damages or injuries he caused through negligence. If it turns out your son is civilly liable for the injuries he caused, the insurance company will compensate the victim as it sees fit, up to the maximum limits of the policy involved. If this is the case, your son has a duty to cooperate with the insurer so it can adequately defend the claims.

If the injuries to the victim(s) are large -- potentially more than the limits of the policy, you need to contact me or another attorney so you understand what that would mean for you/your son. It is rather unlikely, however, that the damages would exceed the policy limits, but that needs to be looked at.

Scan and email ins docs and policy to [email protected], if you want more precise information (which I reccomend.) Sounds like you don't have a good sense of what's happening). If you need to fax, I can provide number. Contact me by email.

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Answered on 3/23/07, 5:11 pm


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