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ARTICLE · 27 JANUARY 2009

A Shot In The Arm

AIRMIC’s new voluntary scheme to reduce the use of Reservation of Rights will benefit all parties, but only if they approach it in the intended spirit, say Jonathan Bruce and Andrew Stevenson of Elborne Mitchell.

United KingdomInsurance
Jonathan Bruce
Jonathan Bruce

AIRMIC's new voluntary scheme to reduce the use of Reservation of Rights will benefit all parties, but only if they approach it in the intended spirit, say Jonathan Bruce and Andrew Stevenson of Elborne Mitchell.

The Statement of Principles in relation to Reservation of Rights, published this month by the Association of Insurance and Risk Managers (AIRMIC), could be a shot in the arm for amicable claims handling between insurers and insureds. As the Statement recognizes, they are both "stakeholders" in the same venture, and there should be a spirit of partnership rather than one of hostility, at least until things have gone fundamentally sour.

It is a common enough scenario: an insured notifies a sizeable claim to its insurers. The insurer, spooked by the size of the claim, sees a potential coverage issue and immediately issues a Reservation of Rights (ROR) to try and protect its position. Feeling cut adrift, the insured's relationship with its insurers becomes

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