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CIN : U66220DL2023PTC421813
Category : Direct Broker (Life & General including Health)
License Period : 11-03-2024 to 10-03-2027

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Product Liability Insurance

Product Liability Insurance covers businesses for legal liability, bodily injury, property damage, and legal defense costs due to defective products.

  • Manufacturing Defects
  • Design Defects
  • Breach of Implied Warranty
Table of Content

Principal/Main Coverage under Product Liability Insurance

Harm or injury caused to a third party due to a defect in the product. This may include any physical injury, illness, or even death resulting from the use of the product.

Covers actual physical damage caused to third-party property due to a defective product. This applies once the product has left the control of the business and has reached the consumer or user.

The policy includes coverage for legal fees, investigation costs, and expenses incurred in defending a claim made against the insured, subject to the limits specified in the policy.

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Factors Affecting the Coverage of Product Liability Insurance (Incorporating Policy Wordings)

Nature of the Product

Certain products, particularly those with a higher risk profile, such as pharmaceuticals, chemicals, or electronics, may require more comprehensive coverage. Policies may also limit coverage for certain high-risk products or exclude them altogether (e.g., products used in aircraft or sensitive industries).

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Industry Type and Business Operations

Industries with higher exposure to product risks, such as manufacturing, food and beverages, and consumer goods, are subject to more stringent policy terms. The volume of products sold, distribution channels, and geographical spread also impact coverage.

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Geographical Limits

Policies may include territorial limitations, excluding claims made in certain countries unless extensions are purchased. For example, coverage for the U.S. and Canada often requires specific endorsements due to the higher frequency of product liability claims in these regions.

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Claims History and Past Incidents

A business’s track record with product-related claims significantly affects both premiums and coverage limits. Frequent claims or a history of product defects can lead to increased premiums, lower limits, or more restrictive policy terms.

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Limit of Indemnity

The coverage is capped by the indemnity limit, which defines the maximum payable for a single claim or a series of claims. This limit can be tailored based on the size of the business and the product’s exposure to risk, but higher limits will lead to increased premiums.

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Product Design, Safety, and Quality Controls

Insurers may consider the processes in place to ensure the safety and quality of products. Strict quality control measures, regular safety testing, and adherence to regulatory standards may result in more favorable terms and lower premiums.

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Turnover and Volume of Sales

A business with a higher turnover or larger volume of sales has greater exposure to liability and thus may require broader coverage or higher limits of indemnity.

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Why a Company Needs Product Liability Insurance

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Financial Protection Against Lawsuits

Defective products can lead to third-party claims for bodily injury or property damage. Product Liability Insurance covers the costs of legal defense, settlements, and compensation, ensuring that businesses are not financially burdened by lawsuits.

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Mandatory Requirements in Certain Industries

Some sectors, such as food, pharmaceuticals, and consumer goods, often require businesses to carry Product Liability Insurance to comply with regulatory standards or contractual obligations. Without this insurance, companies may not be able to operate in certain markets or industries.

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Coverage for Product-Related Risks

Even with stringent quality control, unexpected product defects can occur, resulting in liability claims. This insurance provides protection for claims related to product design flaws, manufacturing defects, and failure to warn or provide adequate instructions.

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Protection for Global Operations

Companies with products distributed internationally face higher liability risks, particularly in regions like the U.S. and Canada, where product-related claims are more common. Product Liability Insurance can offer extended territorial coverage to protect against these risks.

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Reputation Management

A defective product can cause significant harm to a company’s reputation. While the insurance itself doesn’t repair the reputational damage, it mitigates the financial impact of claims, recalls, and settlements, allowing the company to focus on rebuilding trust with consumers.

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Compliance with Supply Chain Requirements

Many retailers, wholesalers, and distributors require their suppliers to have Product Liability Insurance. It ensures that all parties in the supply chain are protected against potential claims that arise from defective products.

Probable Causes of Litigation Covered under Product Liability Insurance

Product Liability Insurance typically provides coverage for claims and litigation arising from several key causes related to defective products. These include:

Manufacturing Defects

Claims resulting from flaws or errors in the production process, where the product does not meet the intended design specifications. These defects can occur during manufacturing, assembly, or packaging and can lead to significant harm or damage to consumers or third parties.

Design Defects

Even if the product is manufactured correctly, flaws in the design itself can lead to unsafe products. Design defects make a product inherently dangerous, even when used as intended. Product Liability Insurance covers claims arising from design flaws that pose safety risks to users.

Failure to Provide Adequate Warnings or Instructions

If a product lacks sufficient warnings or instructions about potential risks associated with its use, it can result in liability claims. For instance, failure to warn consumers about proper handling, potential hazards, or side effects of a product can lead to lawsuits.

Negligent Misrepresentation

If a company makes false or misleading statements about a product, whether in advertising, labeling, or sales materials, it can face litigation. Claims may arise if consumers suffer harm due to reliance on inaccurate or incomplete information.

Breach of Implied Warranty

Consumers expect that products will be safe to use as intended. If a product fails to meet these expectations and causes harm, a company may face claims for breach of implied warranty, where the product did not perform as a reasonable consumer would expect.

Product Contamination or Spoilage

In industries like food and beverage, contamination or spoilage can lead to serious health issues for consumers. Claims arising from contaminated or unsafe products fall under Product Liability Insurance.

Add-On Coverages for Product Liability Insurance

1

Product Recall Expenses

  • This add-on covers the costs related to recalling defective or dangerous products from the market. It includes expenses for transportation, storage, disposal, and public relations efforts to manage the impact of the recall.
  • Covered by: ICICI Lombard, SBI General
2

Product Guarantee

  • Provides protection against claims for a product failing to meet the guaranteed performance or quality standards promised by the business. It covers financial liabilities arising from non-performance or non-compliance with the product guarantee.
  • Covered by: Bajaj Allianz, ICICI Lombard
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Product Warranty Liability

  • Offers protection for claims where a product fails to meet specified performance or safety warranties. It covers the financial losses and liabilities associated with breaches of these warranties.
  • Covered by: ICICI Lombard, SBI General
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Extended Reporting Period

  • Provides coverage for claims made after the policy period has expired, as long as the incident occurred during the active policy period. This is particularly important for businesses transitioning between policies or ceasing operations but wanting protection for past product issues.
  • Covered by: IFFCO TOKIO, Bajaj Allianz
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North American Jurisdiction Extension

  • While many policies exclude coverage in high-risk jurisdictions like the U.S. and Canada, this add-on allows businesses to extend their coverage to these regions, subject to additional premiums and specific terms.
  • Covered by: Bajaj Allianz, HDFC ERGO, IFFCO TOKIO

General Exclusions under Product Liability Insurance

 

While Product Liability Insurance provides extensive coverage, there are several standard exclusions that apply across most policies. Here are the key exclusions:

Contractual Liability:

Liabilities assumed under any contract or agreement are generally excluded unless the liability would exist without the contract. The policy only covers liability that arises naturally by law, not obligations agreed upon through contracts.

Fines, Penalties, and Punitive Damages:

Claims for legal fines, penalties, or punitive damages imposed by courts are typically not covered. Insurance policies are designed to cover compensatory damages but not punitive amounts meant to punish.

Deliberate or Willful Acts:

Any claims arising from intentional acts, misconduct, or deliberate non-compliance with laws or regulations are excluded. The policy does not cover willful negligence or misconduct by the insured.

Product Recall Costs:

While add-ons are available for Product Recallexpenses, standard policies exclude the costs of recalling, repairing, or replacing defective products unless explicitly covered by an endorsement.

Professional Services:

Liabilities arising from professional services (such as advice or consultancy) are typically excluded, as these require specialized Professional Indemnity Insurance.

Asbestos:

Claims arising from the production, sale, or exposure to asbestos are excluded due to the high risks and costs associated with asbestos-related claims.

Nuclear and Radiation Hazards:

Claims related to nuclear energy, ionizing radiation, or radioactive contamination are excluded across most policies due to the extreme risks associated with these hazards.

War, Terrorism, and Civil Commotion:

Claims arising from acts of war, terrorism, riots, strikes, or civil commotion are excluded from coverage. Specific terrorism-related endorsements can be purchased separately, depending on the insurer.

Known Defects Prior to Policy Inception:

Policies exclude claims arising from defects or incidents that were known or reported before the policy period began.

Injury to Employees:

Injuries to employees are not covered by Product Liability Insurance. Instead, they are typically covered under Workers’ Compensation or Employers’ Liability Insurance.

Pollution and Environmental Damage:

While sudden and accidental pollution may be covered through endorsements, most policies exclude liabilities related to gradual pollution, contamination, or environmental harm caused by products.

Product Installed in Aircraft:

Products intended for use in aircraft or any other high-risk environments (such as space vehicles) are typically excluded, unless specific extensions or policies are purchased.

Damage to Property Owned or in Care, Custody, or Control:

Damage to property that is owned, leased, or in the insured’s care, custody, or control is excluded from coverage. This exclusion ensures that only third-party property damage claims are covered.

Defective Design or Workmanship:

Claims arising from poor design, faulty workmanship, or failure to follow proper manufacturing processes are generally excluded unless specific add-ons for design errors are in place.

Pure Financial Loss:

Claims for pure financial losses (e.g., loss of market share, goodwill, or profits) without accompanying bodily injury or property damage are excluded unless an add-on for financial loss is included.

Why Take a Product Liability Insurance Policy from goinsureindia.com

Claim Process under Product Liability Insurance

Filing a claim under Product Liability Insurance with goinsureindia.com is a straightforward process. Here’s a step-by-step guide to help businesses manage claims efficiently:

Incident Notification

As soon as you become aware of a potential product liability claim, notify goinsureindia.com immediately. Early notification allows us to assist you promptly and begin the process of investigating the claim. You will need to provide details about the incident, including the product involved, the nature of the claim, and any potential third-party damages.

Submission of Claim Documents

Gather all relevant documents that will support your claim. This may include:

  • Proof of product defect
  • Customer complaints or notifications of injury/damage
  • Medical reports (if bodily injury is involved)
  • Invoices and records of product transactions
  • Any photographs or evidence of the defective product
  • These documents should be submitted to your claims handler for evaluation.

Investigation of the Claim

Once a claim is submitted, goinsureindia.com will conduct a thorough investigation. This may involve appointing experts to assess the product defect, visiting the site of the incident, or reviewing medical and technical evidence to determine the legitimacy and scope of the claim.

Appointment of Legal Counsel

If the claim proceeds to litigation or if legal defense is required, goinsureindia.com will appoint experienced legal counsel to represent your business. The policy covers legal defense costs as part of the insurance coverage.

Negotiation and Settlement

In cases where a settlement is more appropriate than pursuing legal action, goinsureindia.com will negotiate with the third-party claimant on your behalf. We will aim to resolve the issue quickly, minimizing the disruption to your business.

Claim Evaluation and Compensation

  • After the investigation, the insurer will evaluate the validity of the claim. If the claim is deemed valid, goinsureindia.com will compensate the third party for any bodily injury, property damage, or other covered losses, up to the policy limits.
  • The settlement will include legal costs, claimant fees, and any damages awarded.

Resolution and Payment

Once the claim has been settled or a court judgment has been made, goinsureindia.com will arrange for the appropriate payment or compensation. The insured will be kept informed throughout the process to ensure transparency and efficiency.

Post-Claim Review

After the claim is resolved, goinsureindia.com may conduct a post-claim review to provide recommendations on how to avoid similar incidents in the future. This can help businesses improve product safety protocols and reduce future claims.

What Nature of Entities/Individuals Could Have This Policy?

Product Liability Insurance is suitable for a wide range of businesses and professionals, including:

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Manufacturers

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Retailers

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Distributors and Wholesalers

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Importers and Exporters

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E-commerce Platforms and Online Retailers

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Food and Beverage Companies

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Pharmaceutical and Medical Device Manufacturers

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Technology and Electronics Companies

Who Can Sue a Company Covered under Product Liability Insurance

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End Consumers

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Third-Party Users

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Retailers

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Distributors and Wholesalers

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Suppliers

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Government Regulatory Bodies

What Makes an Insurer the Right Choice for Product Liability Insurance

1

Financial Strength

Ensures the insurer can cover high-value claims and has the financial stability to honor large settlements.

2

Claims Handling Reputation

A proven track record for efficient and timely claim settlement, ensuring businesses receive prompt support when claims arise.

3

Subject Matter Expertise & Understanding

The insurer’s deep knowledge of product liability risks and specific industry exposures, allowing for tailored coverage that meets the unique needs of different sectors.

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Enhanced Treaty with Reinsurers

Greater protection and financial stability through robust reinsurance agreements, ensuring coverage even in extreme cases or large claims.

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Policy Flexibility

Customizable coverage options that allow businesses to tailor the policy to their specific needs, including appropriate limits, add-ons, and geographical coverage.

Necessity of Product Liability Insurance

Protection Against Financial Loss

Defending against product liability claims can be costly, and settlements or court awards can significantly impact a business’s finances. Product Liability Insurance protects against these financial losses.

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Compliance with Industry Regulations

In many industries, carrying Product Liability Insurance is a legal or contractual requirement. It is often mandatory for manufacturers, distributors, and retailers in certain sectors to have adequate coverage.

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Safeguarding Reputation

A defective product can damage a company's reputation, especially if claims arise from injuries or property damage. Insurance allows businesses to address liability claims swiftly and professionally, helping to protect their brand image.

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Mitigation of Risk for Global Operations

Businesses that sell products internationally face liability risks in different jurisdictions, where laws and regulations may be stricter. Product Liability Insurance offers protection across global markets.

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Coverage for Unforeseen Defects

Even with rigorous quality control, unforeseen defects can arise, leading to third-party claims. This insurance provides protection against liabilities that result from unexpected product failures.

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Defense Against Legal Claims

Legal defense costs can accumulate quickly when facing product liability lawsuits. Product Liability Insurance covers legal fees, investigation costs, and court settlements, ensuring that businesses are not burdened with these expenses.

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Enhanced Consumer Trust

Carrying comprehensive insurance demonstrates to customers that the business is prepared to address any potential product risks, helping to build consumer trust and loyalty.

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Protection for Businesses of All Sizes

Whether a small business or a large enterprise, Product Liability Insurance provides critical protection against claims that could otherwise threaten a company’s survival.

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Case Studies in the Indian Corporate Sector for Product Liability Insurance

  • Incident: In 2015, Nestle India faced a major crisis when tests revealed that Maggi noodles contained excessive lead levels. The product was recalled across India, and the company faced multiple legal battles, resulting in heavy financial losses, recall costs, and damage to its reputation.
  • Impact: Nestle recalled over 38,000 tons of Maggi noodles and faced a ban in several states. The company also had to deal with litigation, testing costs, and a public relations crisis.
  • Insurance: Product Liability Insurance could have covered the recall expenses, legal costs, and settlements with affected customers, significantly reducing the financial burden on the company.
  • Incident: In India, Johnson & Johnson faced legal battles after its hip replacement devices were found to cause serious health issues for patients. The faulty implants led to lawsuits and significant compensation claims.
  • Impact: The company had to pay compensation to affected patients, faced regulatory scrutiny, and was involved in legal proceedings for several years.
  • Insurance: Product Liability Insurance would have provided coverage for legal defense, settlements, and compensation payments to affected patients.
  • Incident: In 2003, Cadbury India faced a product liability issue when worms were found in Dairy Milk chocolate bars in Maharashtra. The company faced legal and reputational challenges as consumers filed complaints and the sales of the brand took a hit.
  • Impact: Cadbury had to launch a major PR campaign to regain consumer trust, and the product recall and legal defense would have incurred significant costs.
  • Insurance: Product Liability Insurance could have helped cover recall costs, litigation expenses, and compensation for affected consumers.
  • Incident: Globally, Samsung was forced to recall millions of Galaxy Note 7 smartphones after reports of the devices catching fire due to defective batteries. The recall affected sales, and the company had to deal with legal claims from consumers.
  • Impact: The total cost of the recall, including compensation and brand damage, exceeded $5 billion.
  • Insurance: In this scenario, Product Liability Insurance could have covered legal costs, recall expenses, and settlements with affected customers, helping mitigate the financial impact.
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General FAQs of Product Liability Insurance

It protects businesses against financial loss from third-party claims due to injury or damage caused by products they manufacture, distribute, or sell.

Any business involved in manufacturing, selling, or distributing physical products, including manufacturers, retailers, and wholesalers.

It covers bodily injury, property damage, legal defence costs, and settlements related to defective or unsafe products.

It’s not mandatory in most jurisdictions, but certain industries or contracts may require it.

Typically no, but recall expenses can be added as an endorsement or separate policy.

Yes, it can cover claims related to design flaws that make the product unsafe.

Yes, manufacturing defects causing harm are covered under most policies.

Yes, failure to include adequate warnings or instructions that lead to injury or damage is typically covered.

Physical defects in products incorporating software may be covered, but cyber-related issues might require separate insurance.

Coverage may extend to international markets, but certain jurisdictions like the U.S. and Canada often require a separate endorsement.

Notify your insurer immediately, gather relevant documentation, and cooperate in the investigation.

Yes, legal defense costs are typically covered within the policy limits.

Yes, multiple claims may arise from the same product defect, and they are usually covered within the policy’s aggregate limit.

Contractual liabilities, intentional acts, and known defects are common exclusions.

No, legal fines and penalties are generally excluded.

No, the policy only covers third-party damage, not damage to the insured’s property.

No, product recall costs are typically excluded but can be added as an endorsement.

Yes, policies can be tailored with specific add-ons and limits.

Product Liability covers defects in products, while Public Liability covers third-party injury or damage occurring on business premises.

Yes, coverage can be extended internationally, though some regions may require additional premiums.

Yes, due to the risk of contamination or spoilage leading to customer injury or illness.

Yes, especially if their products involve hardware that could cause physical harm.

Yes, to cover potential claims from adverse reactions or faulty medications.

Absolutely, as defective toys can pose a significant risk of injury to children.

Yes, even small businesses face risks if their products cause harm to consumers.

An add-on that covers the costs of recalling defective products from the market.

It covers the financial loss from products failing to meet performance guarantees.

It covers claims related to a product’s failure to meet specified warranties for safety or performance.

Yes, transportation risk can cover damages occurring while the product is in transit.

Yes, with the right endorsement, costs for replacing or repairing defective products may be covered.

Yes, if your business imports products, it can be held liable for defects in those products.

Strict liability holds a business responsible for product defects regardless of negligence.

It can cover legal costs and settlements related to class actions filed by multiple claimants for the same product defect.

Yes, but you may need to extend coverage to specific regions like the U.S. and Canada.

Yes, exporting products often requires additional coverage or endorsements.

It depends on the policy’s territorial limits, but global coverage is available as an add-on.

The U.S. and Canada have strict product liability laws, and coverage in these regions is essential for businesses exporting products there.

Yes, the EU has stringent regulations, and businesses exporting to the EU should ensure coverage includes these requirements.

Implement strong quality control, regular product testing, and ensure clear warnings and instructions are provided.

It doesn’t reduce the risk but provides financial protection if a claim arises.

Yes, even if all regulations were followed, product defects can still result in liability claims.

Yes, selling online exposes businesses to global markets and higher potential liability, especially in strict jurisdictions.

Limits vary but often range from ₹50 lakhs to ₹10 crores, depending on the business size and product risk.

Per-occurrence limits apply to each claim, while aggregate limits are the maximum payable during the entire policy period.

Premiums are based on factors such as product risk, industry type, claims history, and coverage limits.

Yes, products like pharmaceuticals or electronics typically attract higher premiums due to the greater risk.

It is not advisable. Always inform your insurer as they need to be involved to cover legal and settlement costs.

It may increase depending on the severity and frequency of claims, but this varies with insurers.

If you have an Extended Reporting Period add-on or retroactive cover, claims made after the policy period may still be covered.

Your policy will still respond if your product contributed to the injury or damage, subject to policy terms.

Yes, most policies cover out-of-court settlements as part of the legal defense.

Generally, no. Pure financial losses, such as loss of market share, are excluded.

Multiple claims can be covered, but they will be subject to the policy’s aggregate limit.

Time limits vary by jurisdiction, but most policies require claims to be filed within a specific period after the incident.

Not necessarily. Many insurers offer global coverage, but high-risk regions like the U.S. and Canada may require special endorsements.

Yes, claims in foreign jurisdictions may follow local laws, which could result in different procedures and outcomes.

Yes, especially in cases where products are distributed globally, claims may arise in different countries.

It can, but you may need an endorsement to ensure foreign supplier-related claims are covered.

Yes, as reactions to ingredients or improper labeling can lead to claims.

Yes, due to the high risk of injury or damage resulting from faulty parts.

Food manufacturers need coverage for contamination, spoilage, and third-party bodily injury claims due to foodborne illnesses.

Yes, defects in construction materials can cause significant structural damage, leading to third-party property claims.

Yes, it covers claims related to adverse reactions, defective drugs, or improper usage instructions.

It treats multiple claims arising from the same defect or issue as one single claim, subject to one limit.

Yes, if specified, sub-contractors involved in the handling or distribution of products can be covered.

No, Product Liability Insurance does not cover claims related to intellectual property infringement.

Pollution-related claims are typically excluded unless the policy has a Sudden and Accidental Pollution add-on.

Yes, insurers offer coverage for eco-friendly products, but you need to ensure the risks specific to these products are addressed.

Key factors include financial stability, industry expertise, and customer service reputation.

An accident is defined as a sudden, unexpected, and unintentional event that causes injury or damage to third parties. It may also include repeated exposure to the same conditions that result in such damage.

The product is any tangible property after it has left the insured’s possession, which has been designed, manufactured, sold, or distributed by the insured.

Bodily Injury refers to death, physical injury, illness, or disease suffered by a third party.

Yes, but only if the pollution results from a sudden and identifiable event. Gradual pollution is typically excluded unless otherwise specified.

No, the insurance does not cover damage to the product itself or any costs for repair, modification, or replacement of the product.

No, product recall costs are generally excluded unless a separate endorsement for product recall is added.

Defense costs include all legal fees and expenses incurred in the defense of a claim, which are covered in addition to the limit of indemnity unless otherwise specified in the policy.

The retroactive date refers to the earliest date from which the policy will cover incidents, even if the claim is made later. Any claims arising from events prior to the retroactive date are not covered.

No, fines and penalties are excluded from coverage.

The voluntary excess is the amount the insured agrees to bear for each claim in addition to the compulsory excess. This reduces the insurer’s payout but also potentially lowers the premium.

Yes, if food or beverages provided to employees or consumers cause injury, the policy will typically provide coverage.

Claims made after the policy period can only be covered if the policy includes an extended reporting period.

The control of claims clause gives the insurer the right to take over the defense or settlement of any claim made against the insured.

The subrogation clause allows the insurer to step into the shoes of the insured to recover costs from third parties after the insurer has paid out a claim.

Yes, directors, officers, and employees can be included as insured persons under the policy if the claims arise from their duties on behalf of the business.

Yes, both the insurer and the insured have the right to cancel the policy with proper notice. In such cases, a pro-rated refund may be issued, subject to conditions.

Once the limit of indemnity is exhausted, the insurer is no longer liable for any further claims during that policy period.

Safeguard Your Business Against Product Risks

Protect your business with Product Liability Insurance from Go Insure India. This policy covers legal liabilities, bodily injury, property damage, and legal defense costs arising from defective products, ensuring financial security and brand reputation protection.

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