American Educational Institute, Inc. (AEI) | Evaluated Learning Experience
Reservation of Rights (226)
Independent Study program administered through the offices of American Educational Institute.
Approximately 17 hours of structured independent study.
August 2018 - Present.
Upon successful completion of the course, students will be able to: discuss the scope of an insurer’s duty to defend and the benefit to the insurer of reserving its rights when it is unsure of its duty to defend, the elements of nonwaiver agreements and reservation of rights letters, the effect of waiver and estoppel, when a reservation of rights letter should be issued and what it should contain, the effect of a true conflict of interest, when the insurer is entitled to reimbursement of defense costs, and the purpose and effectiveness of declaratory judgment actions.
Major topics include: the duty to defend and the consequences of breaching that duty; nonwaiver agreements and reservation of rights letters; conflicts of interest and appointment of independent counsel; insurer's right to reimbursement of defense costs and settlement payments; and declaratory judgments. For the graduate level credit recommendation, students also prepare and submit an appropriate graduate-level research project on a pre-approved topic or issue, in accordance with AEI's specific guidelines.
In the upper division baccalaureate degree category OR in the graduate degree category, 1 semester hour in Reservation of Rights, Business Law, Insurance or Insurance Law (6/20).