DATE

This Is A Reservation Of Rights Letter and Request for Appearance for Examination Under Oath Please Read Carefully Esto Es Una Letra Para La Reservacin De Las Derechas y Pedido La Examinacin Bajo Juramento y Aspecto Por Favor Lea Cuidadosamente

If you are represented by an attorney, please forward this to your legal representative. Se usted esta representado por un un abogado, refiera esta notificacion a su representante legal.
VIA CMRRR ( Name of Insured Address City, State, Zip Code ) and First Class Regular Mail RE: Claim Number: Policy Number:

Dear Name of Insured: The captioned Texas Motor Vehicle Policy includes a list of required duties following an accident or loss which must be performed in order to invoke coverage. The relevant portions are repeated below:

PART E DUTIES AFTER AN ACCIDENT OR LOSS

GENERAL DUTIES 5. When required by us: a. submit a sworn proof of loss; b. submit to examination under oath. [emphasis added]

Without obtaining your statement or examination under oath, NAME OF INSURER will be unable to determine whether to provide coverage on your behalf for this loss. I must advise you that refusal to appear for an examination under oath or statement as requested by NAME OF INSURER or refusal to provide full cooperation in responding to any communication, inquiry or request forwarded to you by NAME OF INSURER in regard to the investigation, defense or settlement of the captioned claim, may cause prejudice to the rights and interest of NAME OF INSURER in regard to the captioned claim or lawsuit which may result from this loss, and may result in the loss of coverage, if any exists, for claims arising from the captioned loss and contractual right to legal defense under the terms and conditions of your policy for the captioned loss and, if
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filed, any lawsuit arising as a result of the captioned loss. IN THAT REGARD, IT IS EXTREMELY IMPORTANT THAT YOU CONTACT ME AT XXX-XXX-XXXX IMMEDIATELY UPON RECEIPT OF THIS CORRESPONDENCE IN ORDER TO SCHEDULE YOUR EXAMINATION UNDER OATH. Additionally, please be advised that you must forward to NAME OF INSURER any documents you might receive or maintain which are related to the captioned occurrence or claim arising therefrom. This is particularly important if you receive any papers or are served with any documents indicating a lawsuit has been filed against you as a result of the captioned loss. NAME OF INSURER's address is PO BOX XXXXXX, CITY, STATE, ZIP CODE. It is also extremely important that you provide full cooperation and assistance in the investigation and settlement in regard to the captioned claim, including (a) responding promptly to any communication, inquiry or request for information from NAME OF INSURER or its agents, and (b) appearing for the requested examination under oath which has or may be scheduled in regard to the captioned claim. NAME OF INSURER must further notify you that any further action taken by it regarding the captioned claim including, but not limited to, settlement of the captioned claims, provision of a defense if any lawsuit is filed against you as a result of the captioned loss, or satisfaction of any judgment which may be taken against you in the event any lawsuit is filed, will be undertaken subject to NAME OF INSURER's reservation of all rights to withdraw from your representation and/or deny coverage or indemnity under the terms of your policy if you do not fully comply with the abovereferenced provisions of the policy. NAME OF INSURER is not admitting or denying coverage under the captioned policy for the alleged loss, but reserves the right to complete its investigation of this matter. Further, please be advised that no act or conduct of NAME OF INSURER, its agents, employees or representatives shall be deemed a waiver or estoppel of NAME OF INSURER's legal or contractual rights in this matter. Further, please be advised that NAME OF INSURER also maintains the legal and contractual right to file a declaratory judgment action to determine whether a duty to provide coverage exists under the captioned policy, should such action become necessary. NAME OF INSURER further reserves its rights with regard to any other matter of which it may become aware through the investigation and discovery conducted in regard to this claim. Please be advised that, at all times during the investigation, discovery, and/or negotiation of settlement for the captioned claim, NAME OF INSURER shall reserve any and all rights it may have to assert any and all defenses to coverage to which it is legally entitled. Further, it is expressly stated by NAME OF INSURER that any reservations not set forth in this letter are not waived by it but are reserved pending further investigation and discovery conducted in regard to this claim. Further, NAME OF INSURER does not hereby admit or assume any obligations other than those specifically set forth in the captioned policy. It is imperative that you contact me immediately AT XXX-XXX-XXXX upon receipt of this letter to provide assistance and cooperation regarding investigation of the
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captioned claim and to schedule a convenient time for the referenced examination. It will be necessary at the time of the examination for you to provide this office with copies of all documents, legal papers and notices received or maintained by you in regard to the reported loss. The examination will be held in our office located at ADDRESS, CITY, STATE, ZIP CODE. In addition, please bring the following documents to your examination under oath 1. Government Issued Photo-Identification (Your state issued driver's license). Failure to bring any of the requested items/documents to the EUO may delay the processing of your claim. Should you move or change your address/telephone number before final resolution of this claim, it is also imperative that you immediately inform NAME OF INSURER of your new address and telephone number. Because of the coverage issues that have been raised, you may wish to retain your own attorney at your own expense. If you are uncertain of anything in this letter, or it is not clearly understood by you, please contact the undersigned immediately. If you do not communicate otherwise within the time limitations set forth in this letter, we will assume that you clearly and completely understand the basis of NAME OF INSURER's reservation of rights in this matter. It is my hope that we can resolve this matter upon your contacting the undersigned immediately upon receipt of this letter, AND NO LATER THAN THE TENTH DAY AFTER YOUR INDICATED RECEIPT. Again, I thank you in advance for your cooperation. Very truly yours,

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