The case law on non-waiver agreements is such that a valid non-waiver agreement should include: an actually developed non-waiver agreement should define the incident, indicate that it is investigating the incident and will defer an insurer`s decision on coverage. In Harrison v. Ocean Accident & Guarantee Corp. Ltd, the court defined the purpose of a non-waiver agreement as follows: unlike reserve letters, non-waiver agreements are bilateral. By accepting a non-waiver agreement, it can be argued that the policyholder agrees with the terms of the insurance company`s defense agreement. Policyholders are not required to enter into a non-waiver agreement with their insurance company and an insurance company cannot compel the policyholder to defend himself. .