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Many times, the insurance carrier, to avoid a bad faith claim, will permit defense costs to be covered (when a lawsuit is filed in conjunction with a claim) under a “reservation of rights” basis. This allows the church client to continue to have timely representation and to have defense costs (legal fees and court costs) covered by the insurance company without the carrier being committed to cover any loss resulting from the disposition of the merits of the case (until such determination is made by the carrier as to obligation of coverage).
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