Which is the signed agreement indicating that during the course of investigation, neither the insurer nor the insured waives rights under the policy?

• A. Waiver
• B. Estoppel
• C. Reservation of rights letter
• D. Nonwaiver agreement

Answer: (D)

During a claim investigation, there's concern that actions taken while investigating might be read as giving up rights under the policy. A signed nonwaiver agreement precisely states that, as the investigation proceeds, neither the insurer nor the insured relinquishes any policy rights. This preserves all coverage and defense positions until a resolution is reached and prevents later arguments that a right was waived merely by continuing to investigate or communicate.

Why this fits best: a general waiver is someone voluntarily giving up a right, which would defeat the purpose of protecting rights during the investigation. Estoppel is a separate doctrine that can bar a party from asserting a right due to prior conduct or representations; it’s a consequence, not a formal mutual agreement used to govern the investigation. A reservation of rights letter is a notice from the insurer that its rights are preserved while it investigates, but it is not a mutual signed agreement that no rights are waived during the process. The nonwaiver agreement is the only document that explicitly establishes that no waivers occur during the investigation.