Product Liability Insurance

  •  About Policy 
  •    Scope of Cover 
  •    Optional Extensions 
  •    Exclusions 

About Policy

Product Liability Policy covers all sums for which you might become legally liable to pay as damages in consequence of accidental death/bodily injury or disease to third parties and/or loss of or damage to third party property arising out of any defects in the products manufactured and covered under the policy after such products have left your premises. It shall not be permissible to issue Product Liability Policies with unlimited liability.

Defence Costs

The company will, subject to the limit of indemnity, pay all costs, fees and expenses incurred with their prior written consent in the investigation, defence or settlement of any claim and your costs of representation at any civil inquest, inquiry, or other proceedings in respect of matters which have a direct relevance to an actual or anticipated claim against your falling within the terms of this insurance policy.

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Scope of Cover

The Company will indemnify you in excess of your deductible and subject to the limit of indemnity, against its legal liability (including claimant's costs, fees and expenses, and defence costs) to pay damages for third party civil claims arising out of accidental bodily Injury or property damage:

  1. caused by the sale or supply of your products, and
  2. solely in the course of the business, and
  3. during the period of insurance if notified during the policy period by the insured in accordance with the terms of this policy, provided that the company shall not be liable for and no indemnity is available hereunder for:
  4. any liability under the Public Liability Insurance Act 1991, any amendment thereto or any other statute or law which attaches liability on a no fault basis;
  5. any legal liability incurred pursuant to or under any form of legal (including arbitration) or regulatory proceedings brought in the United States of America or Canada or outside of the United States of America or Canada by a country applying the law of the United States of America or Canada, or to seek enforcement or upholding of a judgment, award or order made in the United States of America or Canada or pursuant to the law of the United States of America or Canada
 

Optional Extensions

1. Vendors liability extension

2. Inclusion of technical collaborators liability

 

Exclusions

This policy does not cover liability:

  1. For costs incurred in the repair, reconditioning, modification or replacement of any part of any product which is or is alleged to be defective;
  2. For costs arising out of the recall of any product or part thereof;
  3. Arising out of any product which with your knowledge is intended for incorporation into the structure, machinery or control of any aircraft;
  4. Arising out of deliberate, wilful or intentional non-compliance of any statutory provision;
  5. Arising out of your consequential loss of any kind, be they by way of loss of profit, loss of opportunity, business interruption, market loss or otherwise, or claims arising out of loss of a pure financial nature such as loss of goodwill;
  6. Arising out of fines, penalties, punitive or exemplary damages or any other damages resulting from the multiplication of compensatory damages;
  7. Directly or indirectly occasioned by, happening through or in consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power or confiscation or nationalization or requisition of or damage to property by or under the order of government or public local authority;
  8. Directly or indirectly caused by or contributed to by or arising from;
    • (a) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
    • (b) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
  9. For damage to property which belongs to you or held in trust or in your custody or control or a person in your service;
  10. Arising out of injury and/or damage occurring prior to the retroactive Date in the policy schedule.
    • (a) Injury shall be deemed to have occurred when the claimant first consulted a qualified medical practitioner in respect of such Injury.
    • (b) Damage shall be deemed to have occurred when it first became evident to the Claimant, even if the cause was unknown.
  11. Arising out of deliberate, conscious or intentional disregard of your technical or administrative management of the need to take all reasonable steps to prevent claims;
  12. Arising out of injury to any person under a contract of employment or apprenticeship with you where such injury arises out of the execution of such contract;
  13. Arising out of contractual liability unless liability has existed in the absence of the specific contract;
  14. Arising out of any product guarantee;
  15. Arising out of claims for failure of the goods or products to fulfil the purpose for which they were intended;
  16. For liabilities arising out of products which have left your custody and control prior to retroactive date specified in the policy schedule;
  17. Infringement of plans, copy-right, patent, trade name, trade mark, or registered design;
  18. Arising out of all personal injuries such as libel, slander, false arrest, wrongful eviction, wrongful detention, defamation etc. and mental injury, anguish, or shock resulting thereof;
  19. Arising out of damage to property belonging to third parties that is rented, leased or hired or under hire-purchase or on loan by you or in your custody, care or control;
  20. Arising out of damage to property belonging to third parties handled by you, by way of your trade or worked upon by or in your care, custody or control or any person employed by or working for you;
  21. Any liability under the Public Liability Insurance Act 1991 or other law which attaches liability on a no fault basis;
  22. Arising out of pollution of any kind;
  23. Liability more specifically insured elsewhere;
  24. Any claim made where the circumstances that exist are materially different to the circumstances represented by you in the proposal;
  25. Any claim made, threatened or intimated against you prior to the policy period;
  26. Any claim directly or indirectly arising out of, or in any way involving any fact or circumstances of which written notice has been given, or ought reasonably to have been given, under any previous policy (whether insured by the Company or not); or of which you were aware prior to the period of insurance and which you knew or ought reasonably to have known had the potential to give rise to a claim;
 

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