If you are in a country where extrinsic evidence may be considered in assessing whether the insurer...
An insurance company's reservation of rights is a declaration that they intend to reserve all of their legal rights. This acts as a reminder that they are not giving up their legal rights to take action at a later time. Reserving your rights means that you are not surrendering any of your legal rights, but also doesn't mean that the insurance company can't settle the case. It is important for you to know exactly what your insurance company is reserving its rights about because if they try to deny coverage or go after you for a large sum of money, you want to make sure you are protected.
Reservations of rights often appear in policies as a list of cases where the insurer intends to assert defenses based on facts outside the four corners of the underlying complaint. For example, an insurer may reserve its right to deny coverage for damage caused by natural disasters like hurricanes or earthquakes. Or, it may reserve its right to deny coverage if the injury occurred while the person was intoxicated. There are many other examples that could be given. The key point is that the reservation of rights tells you that there are potential defenses available to the insurance company and gives you fair warning that future decisions may be made regarding coverage without your input.
In general, parties will always try to resolve their disputes before going to court.
A example letter to confirm a guest's reservation
In paragraph 1, introduce the writer and describe the goal of the letter. Explain how paragraph 2 supports your position. Use examples and facts to back up your claims. Describe any action that is requested. Close with an expression of hope that the senator will act on your suggestion.
Here is an example of a letter written to a U.S. senator:
Dear Senator Smith,
I am writing to ask you to oppose legislation that would limit lawsuits against pharmaceutical companies. I believe that we need strong laws protecting drugs from dangerous ingredients and preventing doctors from being sued for giving patients needed medications. Drugs have been one of our greatest advances, and it is wrong to put them in danger of being removed from store shelves because someone believes they can make money by selling an alternative treatment option or because another company wants to bring their own version of a drug to market.
Paragraph 1: Begin with a brief explanation of the issue before you. In this case, the issue is the proposed bill. Note any concerns you may have with the bill. Also note if there are any groups who might benefit from your support or opposition to the bill.
Paragraph 2: Give your opinion on why you think the senator should oppose the bill. Support your argument with examples from history or today's world.
The enactment of the 'Rights of Persons with Disabilities Act, 2016' also provides for reservation of persons with benchmark disabilities against Central Government posts and services at 4% of the total number of vacancies to be filled by direct recruitment in the cadre strength in each group of posts, namely Group A, B, and C. The said act is yet to be implemented by the State governments.
In addition to this, some State Governments have included such provisions in their own employment regulations. For example, in Maharashtra, persons with disabilities can apply as general candidates but will be called for interview along with other candidates. They would then be placed according to the order of their marks obtained in the interview round.
As per the Act, not less than one-third of the posts should be reserved for women with disabilities. However, only five States - Andhra Pradesh, Delhi, Gujarat, Haryana, and Karnataka - have made any provision for female disability quota in their civil services examinations.
There is no specific provision under the Act for children with disabilities; however, some State Governments have included such children in separate categories when they publish norms for various exams. For example, in Maharashtra, children with disabilities can appear for the junior school certificate (JSC) examination held every year in April/May. However, only those who are enrolled in schools for the disabled can appear for the senior school certificate (SSC) examination conducted once in June/July.
Reserve n 1: the act or occurrence of reserving [rights] 2: the formation of a new right or interest (as an easement) in real property transferred to someone by and for a grantor; also, the right or interest thus formed or the provision generating it in a deed. Contrast with exception. 3a: something kept back from public view or notice . B: a portion of land set apart for some purpose especially when marked off by monuments .
In the context of law, a reservation is the act of specifically identifying something that is not already known. For example, if I buy a house and do not know that there is a leak in the roof, I can reserve the right to have it fixed. If I eat at a restaurant and don't know that one of the plates has been used for disposing of waste, I can reserve the right to bring my own dish to avoid contamination. Reservations are also called exceptions because they are a way of stating that something other than what is apparent from the face of the document happens instead. For example, if I buy a house and know that there is a leak in the roof, I can include a clause in the contract saying that if the roof needs to be replaced, then the seller will pay for it. This would be an exception because what's apparent from the face of the document is that I want the roof fixed, not replaced.