Insurance Protection for Products Liability and Completed Operations—What Every Lawyer Should Know
Henderson, Roger C.
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- 2022Covil Corporation v. Pennsylvania National Mutual Casualty S.C. Ct. App.
- 2019Fontaine Bros., Inc. v. Acadia Insurance Company D. Mass.
- 2019PA. Manufacturers v. Pottstown Industrial LP Pa. Super. Ct.
- 2018Black & Veatch Corp. v. Aspen Ins. (UK) LTD 10th Cir.
- 2017Interlachen Properties, LLC v. State Auto Insurance Co. D. Minn.
- 2016State Farm Fire & Casualty Co. v. GP West, Inc. D. Haw.
- 2013Cincinnati Insurance v. AMSCO Windows D. Utah
- 2010Porter v. Clarendon National Insurance Mass. App. Ct.
- 2006National Clothing Co. v. Hartford Casualty Insurance Wash. Ct. App.
- 2004American Family Mutual Insurance v. American Girl, Inc. Wis.
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Abstract
There have been many recent changes in the field of tort law, but none as personal and important to each member of our society as the changes in tort liability theories for injuries associated with products and related services. It is difficult, if not impossible, to conceive of an individual in America today who is not exposed to some serious risk of injury from such a source, and, of course, the source is likewise exposed to a correlative liability. It is this latter exposure and the means of protecting against it that is the subject of this article. Although trial lawyers and judges are the natural objects of an article dealing with anything so fraught with litigation, it is hoped that the office practitioner will also find this of value in the way of preventive law practice.
Certainly not every manufacturer that is sued on a products liability theory is a giant automobile manufacturer or chemical company in a distant location. There are many small and medium size manufacturers, not to mention wholesalers and retailers, whether in the form of sole proprietorships, partnerships, or corporations, that are subject to suits for products liability. One wonders how many of these entities are aware of the extent of their exposure and whether they are properly protected by insurance. Because of the broad nature of the exposure, the complexities of insurance coverages and resulting diversions in court decisions, the lawyer has a special obligation to educate himself as to the problems in this area and counsel his clients in regard thereto.
One of the purposes of this article is to help prepare the lawyer for that task.