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Products Liability Insurance General Business

Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:

California’s Insurance Commissioner Encourages Admitted Carriers to Insure Cannabis Risks

by Wilson Elser on

Members of Wilson Elser’s Cannabis Law practice attended a teleconference led by California Insurance Commissioner Dave Jones with 63 insurance industry stakeholders on May 22, 2017, to discuss insurance requirements set...more

Tips for a Startup Manufacturer in Negotiating Vendor Contracts

by JD Supra Perspectives on

As a startup manufacturer, vendor contracts are one of the most common types of agreements you are likely to encounter. ...more

Have You Noticed the Increase in Food Recalls?

by Robins Kaplan LLP on

Almost every day, the FDA announces a new recall or safety alert for a potentially dangerous food. Earlier this month, Trader Joe’s recalled some SKUs of apple sauce due to complaints that they may contain small pieces of...more

Connecticut Appellate Court Issues Mixed Ruling on Coverage for Asbestos Liabilities

by Jones Day on

Manufacturers with asbestos liabilities should pay attention to the March 7, 2017, ruling in R.T. Vanderbilt Company v. Hartford Accident and Indemnity Company by the Connecticut Appellate Court. While the court issued...more

Contaminated Product Insurance Policy Held Void Due To Insured’s Misrepresentations

by Dickinson Wright on

A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application. In 2014, Heinz...more

Insurance Policyholders Required to Provide Notice of Claims and Settlements Says Sixth Circuit

by Perkins Coie on

Running counter to the national trend to require insurers to show prejudice before they can void their insurance obligations due to allegedly late notice, the U.S. Court of Appeals for the Sixth Circuit recently strictly...more

Preparing for the Unexpected with Product Recall Insurance

by Stinson Leonard Street on

Companies often incur substantial costs implementing and responding to product recalls. A children's product recall might include any of the following costs, among others...more

[Webinar] Insurance Coverage Issues, Challenging Damages in High Exposure Cases, A Humorous History of Asbestos Litigation, and...

by Low, Ball & Lynch on

This Webinar will cover four topics that include Insurance Coverage Issues, Challenging Damages in High Exposure, A Humorous History of Asbestos Litigation, and a California Case Law update....more

Latest Cyber Attack a Wake-up Call: What are your company’s IoT exposures?

by Farella Braun + Martel LLP on

The Internet of Things gives rise to many risks and exposures that companies and their insurers were not thinking about as recently as a couple years ago, and probably aren’t fully cognizant of today....more

The Impact of the Smart Home Revolution on Product Liability and Fire Cause Determinations

by Wilson Elser on

The concept of the Internet of Things (IoT) has existed for more than 15 years. Technology pioneer Kevin Ashton is widely credited with coining the term in 1999 to describe the connection of physical objects to the internet...more

Contaminated Flour – Is Nothing Sacred?

by Selman Breitman LLP on

As of August 1, 2016, General Mills had voluntarily recalled some 45 million pounds of several types of raw flour products because E.coli bacteria had allegedly been found in flour produced at the General Mills plant in...more

Food Product Recalls – Are You Covered?

by McCarter & English, LLP on

Food and beverage recalls, regardless of the reason, continue to proliferate in the news cycle. At the end of May General Mills issued a recall of 10 million pounds of flour due to a potential link to an outbreak of E. coli...more

New York’s Highest Court Issues a Noteworthy Decision, Rejecting “Pro Rata” Allocation in the Asbestos Bodily-Injury Context

by K&L Gates LLP on

On May 3, the New York Court of Appeals unanimously held that an “all-sums” method of allocation should be used to apportion liability among excess insurers based on the policy language at issue in the case. Contrary to...more

Product Recalls and Insurance: Considerations to Maximize Covered Expenses

by McCarter & English, LLP on

Berries. Walnuts. Wholesome. Healthy. But not when they may be contaminated with harmful bacteria. On May 10, 2016, grocery store chain Publix announced a voluntary recall of its cranberry nut and seed mix. Publix learned of...more

The financial advisor who sells a trustee an insurance contract that is inappropriate in light of the trust's purposes risks...

by Charles E. Rounds, Jr. on

It is an understatement that the Minnesota Court of Appeals in In re: Amendment and Restatement of Revocable Living Trust of Alfred J. Berget dated February 15, 2005 [A13-2295, Dec. 8, 2014] afforded the trustee who had...more

Massachusetts Court Holds Insured Contract Does Not Compel a Duty to Defend

In its recent decision in Jiminy Peak Mountain Resort, LLC v. Wiegand Sports, 2016 U.S. Dist. LEXIS 34209 (D. Mass. Mar. 16, 2016), the United States District Court for the District of Massachusetts had occasion to consider...more

“‘Tis As Easy As Lying”: Pennsylvania Court Rescinds Policy of Corporate Giant

by Pullman & Comley, LLC on

Claims, arguments and tactics that are familiar from coverage disputes with consumers are increasingly being used against carriers by large corporate insureds—often with the assistance of well-known plaintiffs’ firms. Once in...more

Contribution Claims: Uncertain Jurisdictional Basis

by Allen & Overy LLP on

An automotive component producer and an insurer have separately challenged the jurisdiction of the High Court in Iveco SpA & Iveco Ltd v Magna Electronics Srl [2015] EWHC 2887 (TCC), 13 November 2015 & XL Insurance Co SE v...more

When Product Liability Meets the Uniform Commercial Code

by Wilson Elser on

Clients who are first introduced to the concept of strict liability in the context of a product liability lawsuit are often shocked to learn they can be held liable for a product defect simply because they sold the defective...more

Massachusetts Court of Appeals Precludes Coverage for Drink Bottles Despite “Loss of Use” Exception to “Faulty Workmanship”...

by K&L Gates LLP on

Manufacturers, suppliers, and distributors of food products face significant business and litigation risks associated with food contamination and recall issues. Policyholders in this chain of production should be aware that...more

Reflections on Low-E Glass vs. Vinyl Siding

by Cozen O'Connor on

From luxury vehicles melting on the streets of London to sunbathers being attacked by a “death ray” at a Las Vegas pool, splashy news reports highlight unanticipated hazards associated with the use of low-e glass in new...more

Ohio Court Holds No Coverage for Suit Involving Insured’s Defective Component Parts

In its recent decision in Park-Ohio Holdings Corp. v. Liberty Mut. Fire Ins. Co., 2015 U.S. Dist. LEXIS 147602 (N.D. Ohio Oct. 30, 2015), the United States District Court for the Northern District of Ohio had occasion to...more

Food Recall Events: The Importance of Evaluating Your Insurance Coverage Before a Voluntary and Mandatory Food Recall

by McCarter & English, LLP on

Food recalls are on the rise as consumer protection regulations become more stringent, and they can be costly events. There can be significant expenses associated with removing impacted products from stores; reimbursing...more

Autonomous Vehicles – Where in the (Insurance) World Will They Go?

by Farella Braun + Martel LLP on

Self-driving cars are coming. In fact, Tesla Model S owners woke up on the morning of October 15, 2015 to discover that a software download to the cars has made them capable of steering and changing lanes at high speed,...more

California Supreme Court Overrules Existing Law on Assignment of Claims After Loss

by Selman Breitman LLP on

Henkel addressed the issue of whether the insured conveyed its liability insurance policies by operation of law when it sold certain assets to a successor corporation, where those assets included liabilities (i.e., a chemical...more

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