Product Liability

Basics Investigation Coverage Local Law    

Coverage  The claim for bodily injury or property damage that is caused by a product manufactured or sold by the insured is covered under Coverage A of the commercial general liability policy.  If there was an accidental injury or property damage during the policy term, coverage issues will usually be limited to exclusions. Manufacturer's policies often provide coverage to sellers as additional insureds.

Liability  The insured strictly liable for accidents caused by the product.  This means that there need be no showing of negligence, but only that the product was defect in its manufacture, packaging or literature.   * A defense against products claims is that misuse was the cause of the injury.  Another defense is that the product was substantially changed after it was sold.   *   Check statute of limitations and its triggering event.

Bodily injury: 
Property damage: 
Wrongful death: 
Unwritten contract: 
Written contract: 
Construction defect: 

Resolution  Achieving good rapport with the claimant or claimant's attorney is often beneficial.  Litigation is indicated in cases where there is significant disagreement on both liability and damages.  If litigation begins informal discovery may still proceed.  Settlements soon before trial and after substantial formal discovery cannot usually be justified on a cost-benefit basis.  The decision to try a case may create additional risk to the insured and the carrier.  These risks require careful analysis.

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