Manufacturers, Policy Exclusions

Explosives Manufacturer’s Pollution-Related Claim Blown Up by State-Specific Endorsement

Carlton Fields on 11/21/2023

In Dyno Nobel v. Steadfast Insurance Co., the Tenth Circuit Court of Appeals recently held that, under Utah law, where a specific state is listed in an endorsement heading, coverage under the endorsement is limited to claims...more

Consumer Protection Claims Not Barred By Antitrust Exclusion

Wiley Rein LLP on 3/2/2021

The United States District Court for the Central District of California, applying California law, has held that antitrust exclusions in two D&O policies did not bar coverage for a class action against an insured sports...more

10 Insurance Questions Personal Transportation Manufacturers Should Ask About Their Coverage

Nilan Johnson Lewis PA on 7/31/2019

In our recent article, “10 Questions Personal Transportation Manufacturers Should Answer Before Selling a New or Redesigned Product,” we identified areas that should be addressed before a new product goes to market. One of...more

California Court Holds Product Contamination Insurance Does Not Cover Ingredients Contaminated by Insured’s Supplier

Cozen O'Connor on 3/19/2015

On February 6th, an intermediate level California appellate court held that a product contamination policy only covered contamination that occurs during or after manufacturing operations by the insured, meaning that there was...more

Testing Texas CGL Coverage For 3rd Party Products

Zelle LLP on 10/23/2014

On Sept. 19, the Fifth Circuit certified four questions to the Texas Supreme Court regarding coverage under a commercial general liability policy in U.S. Metals Incorporated v. Liberty Mutual Group Incorporated, No. 13-20433,...more

Pennsylvania Supreme Court Declines To Review Pro-Policyholder Decision; Contrary Arguments Possible

McCarter & English, LLP on 10/22/2014

For years, product manufacturers relied on commercial general liability policies to defend and indemnify them for product liability claims. Although these policies may exclude coverage for pure economic loss or for damage to...more

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