David Adelstein | Florida Construction Legal Updates The economic loss rule lives to bar a claim against a product manufacturer in a real estate transaction. In a products liability action, there needs to be personal injury or property damage, other than to the property itself, in order to recover economic damages. Otherwise, the economic loss rule will bar… Continue reading Economic Loss Rule Bars Claims Against Manufacturer
Category: Product Liability
Carrier Has Duty to Defend Claim for Active Malfunction of Product
Tred R. Eyerly | Insurance Law Hawaii Rejecting that the underlying claim was based solely on faulty workmanship, the Third Circuit held the insurer had a duty to defend allegations of a malfunctioning product. Nautilus Ins. Co. v. 200 Christina Street Partners LLC, 2020 U.S. App. LEXIS 22118 (3d Cir. July 16, 2020). … Continue reading Carrier Has Duty to Defend Claim for Active Malfunction of Product
Product Defect Allegations Trigger Duty To Defend in Pennsylvania
Stacy M. Manobianca | Saxe Doernberger & Vita The Third Circuit Court of Appeals recently concluded, in Nautilus Insurance Co. v. 200 Christian Street Partners, LLC., that a duty to defend is triggered when product-related allegations are pled in connection with a claim for defective construction. In Nautilus, the coverage dispute arose out of two independent underlying… Continue reading Product Defect Allegations Trigger Duty To Defend in Pennsylvania
Is Faulty Workmanship an “Occurrence” Under a CGL Policy?
Larry P. Schiffer | Squire Patton Boggs | September 16, 2019 Manufacturers often face multiple lawsuits when their products fail to perform as expected. Sometimes, the cause of the product’s failure is the faulty workmanship of a component manufacturer. When that is the case, the product manufacturer will seek damages from the component manufacturer for… Continue reading Is Faulty Workmanship an “Occurrence” Under a CGL Policy?
Product Recall Requirements in USA
Devin K. Ross | Shook Hardy & Bacon | July 25, 2019 Product recall requirements Recall criteria What criteria apply for determining when a matter requires a product recall or other corrective actions? The criteria for initiating a recall or other corrective action vary according to the governing statutes, regulations and agency. Generally, once a… Continue reading Product Recall Requirements in USA