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Jason McNerlin

Partner

London

Jason has specialised in product contamination/recall and product liability for more than 20 years.  He has extensive experience of advising domestic and international clients on all aspects of product insurance policies, including policy drafting and coverage for claims.  He also advises on claims for recall-related loss (defence and recovery).

He regularly advises on complex and/or high-value claims involving products in the automotive and food sectors.  He also advises on issues relating to electronic components, pharmaceuticals, toys, cosmetics, industrial machinery, and other products.

Jason is the consulting editor of, and contributor to, the comparative legal text Product Recall, Liability and Insurance: a Global Guide (Globe, 2012).  He regularly provides training to the product recall insurance markets.

His recent experience includes:

Automotive components

  • expert witness (product recall insurance coverage) in European litigation concerning issues of supply chain liability and recall coverage
  • international recalls of EVs due to alleged defects in battery module parts
  • coverage issues related to pre-inception circumstances and knowledge/non-disclosure

Food products and ingredients

  • third party ingredient contaminated with Salmonella, causing recalls and other losses (coverage, liability, and recovery)
  • Listeria in a USA food production facility, followed by recalls and voluntary shutdown (coverage, including liability)
  • ethylene oxide recalls (coverage)
  • vegetable produce in USA/Canada allegedly affected by multiple issues including mislabelling and adulteration by Listeria (coverage)
  • ingredients affected by excessive pesticide residue and undeclared peanut (recovery actions)

Pharmaceuticals

  • recall of allegedly unstable products in the USA (coverage and liability)

Electronic components

  • complex issues of specification/“defect”, liability, and recall insurance coverage

Cosmetic products

  • compliance under EU law
  • liability issues

Toys

  • global recall of defective toys (coverage)

Construction and industrial products

  • allegations of defect in products made for the construction industry (recall coverage)
  • international campaign to address alleged defects in industrial lifting equipment (recall coverage)
  • T: +44 (0) 20 3053 3065
  • M: +44 (0) 7810 259 510
  • E: j.mcnerlin@beale-law.com
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Background

Education:

University of Bristol (LL.B. Law) Inns of Court School of Law, London (Bar Vocational Course) The College of Law, London (Legal Practice Course)

Practising Rights from:

England and Wales Law Society of Scotland – Registered Foreign Lawyer

Areas of Expertise

  • Product Recall
  • Coverage and policy drafting

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