Product Recall
Our experience includes advising on all major coverage issues such as the definitions of insured event triggers, pre-inception circumstances and other policy exclusions and conditions, causation, “Loss” definitions, and policy validity questions regarding nondisclosure and misrepresentation. In addition, we assist with the adjustment of covered first party loss, particularly in high-value claims. Increasingly, we defend insureds against recall and financial loss claims brought by customers and other downstream parties, and we pursue recovery actions against suppliers and other responsible third parties.
Our product recall team has expertise in dealing with claims involving all major product sectors, including food and beverage, automotive systems and components, toys, pharmaceuticals, cosmetics, and industrial machinery. We have an in-depth understanding of regulatory regimes relating to different product sectors, and advise on domestic and overseas product safety regulations and enforcement where relevant to liability or coverage.
We have experience of assisting on matters involving many foreign jurisdictions, including New York and other US states, Canadian provinces, Australia, New Zealand, France, Germany, Finland, Mexico, Chile, India and others. We are highly experienced in applying US recall coverage case law, including when instructed directly by US insurers. In many cases, we can help negotiate settlements without having to engage local counsel, or we can help engage and monitor the best local counsel where assistance is required.
In addition, we provide a variety of other related services. including advice on supply chain contract terms and risk registers, incident prevention and preparedness, and coverage workshops to stress-test policy wordings in various loss scenarios.