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Waive goodbye to reserved rights: a Kansas court finds a blanket statement has some holes.

Publication: Best's Review
Publication Date: 01-OCT-08
Format: Online
Delivery: Immediate Online Access
Full Article Title: Waive goodbye to reserved rights: a Kansas court finds a blanket statement has some holes.(Regulatory/Law: Legal Insight)(United States Fire Insurance Co. v. Bunge North America Inc.)

Article Excerpt
For insurers, no four-letter word is as bad as the five-letter word "waive," particularly when waive is applied to the insurer's reservation-of-rights letter.

Insurers therefore will want to read the August 2008 decision from the District of Kansas, United States Fire Insurance Co. v. Bunge North America Inc. The decision addressed a practical concern insurers regularly face: What must an insurer do to reserve all its rights?

The Bunge court reached the unfortunate...

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