If a Reservation of Rights letter (ROR) just landed in your inbox, it can feel like a gut punch. Take a breath. This isn’t a denial. It’s a yellow light.
Below, we translate what an ROR really is, give you a 72‑hour action plan, share copy‑and‑paste tools, and show you how to turn this letter into leverage. We try cases, and we read between the lines of these letters every day. You’re not alone.
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What a Reservation of Rights letter really means
- Plain‑English: an ROR is the insurer saying, “We’re still investigating, and we might deny some or all of your claim later depending on policy language and facts we develop.”
- Why they send it: it preserves their defenses while they keep adjusting the claim. It’s routine in wind/flood disputes after hurricanes, hail roofs around Atlanta, freeze/burst pipe losses in Houston, and ice‑dam claims near Boston.
- Is it a denial? No. A true denial will say “denied” and tell you exactly what’s denied and why. An ROR keeps the door open—but it can be used to slow‑roll you unless you respond.
Emotional check‑in: it’s normal to feel blindsided. You still have leverage. We’re going to use this letter to organize your win.
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First 72 hours: your immediate, concrete action plan
1) Create a claim command center
- One digital folder (cloud) + one hard copy binder.
- Put your full policy, the ROR, photos, videos, estimates, receipts, emails, and a communications log in one place.
2) Lock down communications in writing
- Ask the adjuster to use email.
- After every call, send a short “Thanks for the call—here’s what we discussed” email to confirm promises and deadlines.
3) Calendar time‑sensitive duties after loss
- Proof of Loss (often due within a set number of days after they request it).
- Recorded statement/Examination Under Oath (EUO).
- Mitigation duties (tarps, dry‑out, board‑ups).
- Personal property inventory deadlines.
4) Send a calm “acknowledge and clarify” reply to the ROR (template below)
Ask for specifics on policy sections at risk, documents needed to cure, undisputed amounts, and deadlines.
5) Keep mitigating, now
- Tarp the roof, run dehumidifiers, board up openings.
- Take before/after photos and save every receipt.
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Read between the lines: decode the ROR and spot the real issues
Common policy cites to highlight:
- Duties after loss (cooperation, proof of loss, show the property).
- Wear and tear vs. sudden loss.
- Vacancy exclusions.
- Water/flood vs. wind (and anti‑concurrent causation clauses).
- Named storm/hurricane deductibles.
- Ordinance or law (code upgrades).
- Mold sublimits.
- Late notice.
Map their “concerns” to evidence you can supply this week:
- If they say “no contractor estimate,” get two, line‑itemed (Xactimate or similar).
- If they claim “no weather data,” add NOAA/NWS reports and local wind/hail swaths.
- If they suggest “maintenance,” gather pre‑storm photos and contractor statements.
Watch for vague language:
Phrases like “including but not limited to,” “potential misrepresentation,” or “failure to cooperate” demand specifics and dates. Ask them to spell it out in writing.
Note any new requests in the ROR:
Recorded statements, EUOs, additional inspections, or an engineer visit. Prepare before you participate.
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Build the evidence file the insurer can’t ignore
Damage documentation:
- Date‑stamped, wide‑to‑tight photos/video: roof, all elevations, interiors, attic/insulation, mechanicals.
- Contents inventory with replacement cost links and receipts; note age/condition.
- Weather proof: NOAA/NWS, radar swaths, nearby addresses with similar loss (neighbors’ photos help—ask in Lakeview, Gentilly, Kenner, Bucktown, Gulfport’s East Beach, Biloxi, Houston’s Memorial/Spring Branch, Atlanta’s Midtown/Buckhead, Boston’s South End/Dorchester).
Cost of repair:
- Two independent, line‑item estimates (licensed contractor + public adjuster if possible).
- Flag code upgrades with citations to local code (permit office links help).
Loss‑of‑Use/ALE:
Lease/hotel folios, meals, mileage, utility differentials. Track household members and displacement dates.
Mitigation:
Invoices, moisture maps, daily dry logs, photos of removed materials. Keep samples if causation is disputed.
Communications log:
Date/time, who, what was said, what was promised next.
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Respond strategically: what to say back to an insurer who “reserves rights”
Your reply should ask, in writing:
1) Which specific policy sections and facts put coverage at risk?
2) What documents will cure each concern—and by what date?
3) What undisputed amounts will you pay now, despite the ROR?
4) Will you withdraw the ROR if I provide X, Y, Z?
5) Are you challenging scope, price, or causation (or all three)?
6) What items are conceded as covered? List them.
7) Identify all adjusters/engineers on my file and provide their reports.
8) Confirm all deadlines; are extensions available?
9) If applicable, has the claim been referred to SIU? If so, why, and what’s required?
10) Please provide the full certified policy, including all endorsements and forms.
Important: Don’t sign a “non‑waiver agreement” without counsel. A unilateral ROR is usually all they need to preserve rights.
Push for partial payments now. Undisputed amounts shouldn’t be held hostage.
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Deadlines and traps: preserve your rights while you cooperate
Proof of Loss
Use the carrier’s format if they require it. Attach exhibits (photos, estimates, inventory). If you need time, request a written extension before the deadline.
Recorded statements/EUOs
- Prepare with your documents. Answer truthfully. Don’t guess; “I’ll check the records and follow up” is fine.
- Have counsel present for an EUO; it’s sworn testimony and can determine outcomes.
Appraisal under an ROR
Useful for pricing/scope disputes. It won’t resolve pure coverage disputes. Reserve your coverage defenses in your appraisal demand/response.
Suit limitation and notice provisions
- Calendar the policy’s “legal action against us” deadline (often shorter than your state’s statute—sometimes 12 or 24 months).
- If you’re negotiating near the deadline, ask for a tolling agreement.
Endorsements that shorten deadlines
Wind/hail or named storm endorsements can tweak deadlines and deductibles. Read those pages closely.
Recording calls? Know the law
Recording-consent laws vary by state (e.g., some jurisdictions allow one-party consent, while others such as Massachusetts generally require all-party consent). Confirm current law. Consult a qualified attorney.
Even where recording is allowed, best practice is to follow every call with a confirmation email.
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When a Reservation of Rights veers into bad faith
Red flags:
- Moving goalposts on document requests or endless “we’re still investigating.”
- Withholding engineer reports you asked for.
- Misquoting policy language.
- Refusing to pay undisputed amounts.
- Calling obvious storm damage “wear and tear” without basis.
Your leverage moves:
Send a targeted bad‑faith notice/demand citing your state’s Unfair Claims Settlement Practices Act.
File a documented complaint with your regulator (include the ROR and your paper trail):
- Louisiana Department of Insurance (Metairie/New Orleans claims)
- Texas Department of Insurance (Houston)
- Georgia Office of Insurance and Safety Fire Commissioner (Atlanta)
- Mississippi Insurance Department (Gulfport/Biloxi)
- Massachusetts Division of Insurance (Boston)
Preserve penalty and attorney‑fee claims: track missed deadlines, unreturned calls, and withheld undisputed payments.
Keep your tone professional. Judges, juries, and regulators may read your emails.
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Special claim types where RORs are common—and how to counter
Wind vs. flood after hurricanes (Metairie, Gulfport/Biloxi)
Elevation photos, waterlines, debris patterns, neighbor affidavits, meteorologist/engineer opinions to allocate wind damage pre‑flood.
Hail and wind roof claims (Atlanta metro)
Test squares, slope‑by‑slope photos, brittle tests, city permit/code upgrade requirements.
Freeze/burst pipe claims (Houston)
Weather records proving sub‑freezing temps, rapid mitigation logs, plumber reports differentiating sudden discharge from long‑term seepage.
Nor’easter/ice‑dam claims (Boston)
Attic ventilation/insulation photos, short‑term staining patterns vs. pre‑existing issues, code upgrades.
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Settlement under an ROR: protect your future rights
Read releases carefully
Don’t sign a global release that wipes out coverage disputes unless you’re being paid fully for dwelling, contents, ALE, code upgrades, and any supplemental items.
Endorsing checks
Clarify in writing whether a check is “undisputed” and what categories it covers. Avoid endorsements that imply a waiver of defenses.
Mortgagee/loss‑draft issues
Coordinate inspection milestones and contractor draws with your lender. Don’t sign away control via broad “assignment of benefits.”
Mediation
Use it to force clarity on what’s covered, what’s disputed, and to release undisputed payments now. Summarize carrier positions at the end of the session in a joint memo.
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Litigation readiness: if the ROR turns into a denial or chronic underpayment
Pre‑suit package
Policy, ROR, your 72‑hour response, proof of loss, estimates, expert reports, mitigation/ALE proof, photo book, communications log, any regulator complaint and response.
Venue and timing
Calendar suit limitations. Consider removal strategy. Preserve claims for penalties/fees under your state’s bad‑faith law.
Spoliation holds
Send preservation letters to the insurer/engineer. Keep samples of damaged materials.
Expert lineup
Roofer/GC, engineer, cost estimator, meteorologist, contents specialist, ALE accountant.
Timeline expectations
Filing → insurer’s response → discovery (documents, depositions) → mediation → trial. We try cases, and that pressure moves numbers.
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Local, practical touchpoints to move your file right now
Near our Metairie HQ off 17th Street by Veterans Blvd? Bring your ROR and photos—we’ll scan and index your file the same day.
Regulator routes that get traction:
- Louisiana DOI online complaint with your ROR and 72‑hour response often triggers a supervisor review.
- Texas DOI Help Line for delays getting engineer reports—note dates requested and promised.
- Mississippi and Georgia portals allow you to upload your email trail; use them.
Neighborhood evidence works
Ask adjacent property owners for date‑stamped storm photos. Carriers respond to clustered data.
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FAQs
Is a Reservation of Rights letter “bad”?
It’s a warning, not a denial. Use it to direct the investigation and lock down the record.
Do I have to respond to an ROR?
Yes. In writing. Ask for specifics, deadlines, and undisputed payments (template below).
Can the insurer stop my Additional Living Expense (ALE) because of an ROR?
Not if part of the claim is reasonably clear. Demand undisputed ALE now.
Should I do appraisal if there’s an ROR?
Sometimes—great for price/scope disputes. Reserve coverage defenses in writing.
Can I record adjuster calls?
Recording-consent laws vary by state (e.g., MA generally requires all-party consent). Confirm current law. Consult a qualified attorney. Always follow up with a confirmation email.
They asked me to sign a non‑waiver agreement—should I?
Not without counsel. Their unilateral ROR usually covers what they need.
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Tools you can copy/paste
72‑Hour ROR Response Email Template
Subject: Claim [Number] – Reservation of Rights dated [Date]
Hello [Adjuster Name],
I acknowledge receipt of your Reservation of Rights dated [Date]. I will continue to cooperate fully. To move this forward, please respond in writing to the following:
1) Identify each specific policy provision you contend may limit or exclude coverage, and the facts you rely on.
2) List the exact documents or information needed to cure each concern, with due dates.
3) Confirm the undisputed amounts you will issue now for [dwelling/contents/ALE/mitigation], with checks or EFT dates.
4) Provide the complete certified policy, including all forms and endorsements.
5) Confirm whether you are disputing scope, price, causation, or some combination.
6) Provide the names and reports of all adjusters/engineers on my file.
7) Confirm current deadlines for Proof of Loss, recorded statement/EUO, and any other requests, and whether extensions are available.
8) If applicable, confirm whether this claim was referred to SIU; if so, please state why and what is required of me.
9) If I provide items X, Y, and Z, will you withdraw the ROR?
10) Please identify any undisputed items covered as of today.
I will continue reasonable mitigation and will provide updated photos and estimates. Please direct future communications to this email so we maintain a clear record.
Thank you,
[Your Name]
[Address] | [Phone]
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Proof of Loss Checklist
- Carrier’s Proof of Loss form (signed and notarized if required)
- Photo book (before/after; wide and close‑ups)
- Two line‑item repair estimates (with code upgrade notes and permit references)
- Contents inventory (item, age, condition, value, link/receipt)
- ALE packet (lease/hotel folios, meals, mileage, utilities)
- Mitigation records (invoices, moisture logs, dry‑out photos)
- Weather documentation (NOAA/NWS reports, wind/hail swaths)
- Cover letter tying each attachment to the relevant policy duty
Cover letter language (paste into your letter):
“Enclosed please find my Proof of Loss and supporting exhibits. These materials satisfy my duties after loss, including documentation of the damage, mitigation efforts, repair scope and pricing, contents, and loss of use. If you believe any additional document is required, please identify it in writing and provide a reasonable deadline.”
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Regulator Complaint Narrative Template
Opening:
“I am submitting this complaint regarding [Carrier] claim #[Number] for my property at [Address] stemming from [Event/Date].”
Facts timeline (bullets with dates):
- Reported loss on [Date].
- Inspections on [Dates].
- Received ROR dated [Date].
- Provided estimates/photos/Proof of Loss on [Dates].
- Requested engineer report on [Date]; none provided.
- Undisputed ALE not paid despite displacement since [Date].
Why this violates claims practices:
- Unreasonable delay in investigation/payment.
- Failure to provide non‑privileged reports.
- Failure to pay undisputed amounts.
- Misapplication of [exclusion/deductible] contrary to facts.
Relief requested:
Immediate supervisor review, issuance of undisputed payments, and delivery of all reports/positions in writing.
Attachments: ROR, your 72‑hour response, proof of loss, estimates, photo book, email log.
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Annotated ROR Walkthrough
Insurer language: “Coverage may be limited or excluded by, including but not limited to, wear and tear, repeated seepage, and your failure to comply with Duties After Loss.”
Translation + response:
- “Including but not limited to” = vague. Ask them to list every provision at issue.
- “Wear and tear” = they’re hinting non‑storm causes. Counter with pre‑loss photos, contractor notes, and weather data tying damage to the event.
- “Repeated seepage” = they’re probing for long‑term leaks. Provide plumber report and mitigation logs showing sudden discharge.
- “Duties After Loss” = they want documents. Send your checklist items and get written confirmation they’re complete.
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Path to resolution: how we help you turn an ROR into a paid claim
- We triage your ROR, build the evidence plan, and force clarity on coverage while pushing for undisputed payments now.
- We’re trial‑ready from day one. If they won’t move, we file—and we try cases. That pressure shifts negotiations.
- Community-first, contingency fee. Our goal is to help you pursue the benefits available under your policy. Outcomes vary; expect responsibility for deductibles and any non-covered costs.
Get a same‑day ROR review:
- Metairie HQ: near 17th Street & Veterans Blvd
- Atlanta: West Peachtree, Midtown
- Houston: Riverway/Galleria
- Gulfport: Courthouse Rd (serving Biloxi/Long Beach)
- Boston: School Street (downtown)
insuranceclaimhq.com | 844‑587‑8394
Send your ROR and policy to info@insuranceclaimhq.com for a free claim strategy session.
You don’t have to navigate the carrier’s script alone. We read between the lines every day and help policyholders pursue the benefits available under their policies.
Attorney Advertising. General information only; not legal advice. Reading this content does not create an attorney–client relationship. Results vary; no guarantee. Representation is limited to jurisdictions where our lawyers are licensed, and we associate with local counsel when required. Contingency-fee representation may be available; court costs and case expenses may be the client’s responsibility as outlined in a written engagement agreement. Coverage outcomes depend on specific policy language and facts—review your policy and deadlines with a qualified attorney licensed in your jurisdiction.
