Product liability insurance

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The extended product liability insurance is an additional cover within the business liability insurance , which is documented with special sums insured and deductibles . The product liability insurance closes gaps in the public liability insurance to cover the product liability risk (e.g. damage to the delivered item itself, further feeding damage , contractual claims of the injured party to the proper performance of the contract, damage cases that have occurred abroad). This extension is particularly necessary for manufacturers or quasi-manufacturers of raw or intermediate products. Claims for damages by third parties are insured for pure financial losses (so-called cost losses )

  • the lack of warranted properties : initially only conventional personal injury and property damage are covered here, the replacement of which is due based on fault-related reasons due to a special promise;
  • Further processing and further processing;
  • Connection or mixing with other products;
  • Expansion of one's own defective product and installation of a defect-free product;
  • Manufacture of defective products due to defective machines supplied.

The gain in coverage of product liability insurance lies in the inclusion of pure pecuniary damage (AHB item 2.1) in the insurance cover, which is also aimed at fulfilling the policyholder's contractual obligations ( AHB item 1.2), i.e. at the costs of further processing or processing that is unsuccessful due to the defect Finishing.

The extension of coverage is required for all policyholders whose products are modified or installed by third parties in the course of further processing. They are also useful for craft businesses who, regardless of fault , are liable to private end consumers not only for subsequent deliveries, but also for reimbursement of wasted expenses (e.g. the installation of purchased goods, e.g. wall or floor tiles).

The insurers do not offer any insurance cover for damage to the policyholder's own product or for a subsequent delivery of a defect-free product. Claims are also excluded from insurance cover

  • due to the delivery of items with a legal defect;
  • due to damage that can be traced back to a deliberate deviation from legal or official regulations as well as from instructions or conditions of the client;
  • from property and pecuniary damage caused by products, the use or effect of which has not been tested in accordance with the state of the art or in any other way with regard to the specific purpose ( test clause ). Particularly in the case of custom-made products, it can be disputed what constitutes sufficient testing, which is why the testing clause is regularly the subject of disputes between policyholders and product liability insurers.

Product liability insurance is different from recall cost insurance , which is offered for dealers and manufacturers on the one hand, and for vehicle suppliers.

literature

  • Dagmar Thürmann, Christian Kettler: Product liability insurance: and selected questions of product liability . 6th edition, Verlag Versicherungswirtschaft GmbH, Karlsruhe 2009, ISBN 978-3-89952-500-7 .

See also

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