Hall of Shame – No Products Liability Coverage for Chemical Company
This scenario represents an actual coverage flaw in the manufacturer insurance program of a well run, profitable business.
A manufacturer of specialty and fine chemicals, laboratory products, monomers, polymers, microscopy, histology, biotechnology, electronics and specialty products purchased an “Excess Products Liability Policy” to increase their depth of protection against lawsuits arising out of the sale of their product.
The policy sold to them included the following exclusion removing coverage for any claims arising out “hazardous substances” defined broadly as follows:
What was Really Troublesome
The client could not think of one product they sold which did not fall within this definition and therefore came to the conclusion that they paid for policy with NO PRODUCTS LIABILITY COVERAGE!
Simple….Negotiate the removal of this exclusion. The intent for coverage was there but the policy was not issued correctly. Unfortunately, the claims department at the insurance company does not take into consideration “underwriter intent”.
How KMRD Can Help:
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