Often when an insurance company is called upon to pay a product liability claim, it will assert that the coverage provided by the product liability insurance policy is significantly narrower than the policyholder expects. Policyholders should be aware, however, that a number of avenues exist to increase the potential for an insurance recovery, regardless of what the insurance company contends.Product liability insurance usually is a component of commercial general liability insurance unless it is specifically excluded. In essence, product liability insurance generally covers bodily injury or physical damage to a third party's property as a result of the policyholder's work or product. Thus, according to ISO form language, product liability insurance typically covers "all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work" and generally requires that the property damage take the form of "physical injury … [Read more...] about Maximizing Recovery On Product Liability Insurance Claims
Yuletide office products
In 2013, the CPSC (Consumer Product Safety Commission) took the unprecedented step of asking retailers to stop selling the popular desk item Buckyballs due to their hazard to children. It also sued Zucker, the company President individually. The popular desk item contains numerous magnetic balls shaped in a cube that, if swallowed, could perforate the stomach lining and intestines. Several reports indicated children swallowed the balls causing injury. Although the CPSC has seen countless other products that have caused injury including ATVs, balloons, fireworks and detergent pods, the CPSC has never gone directly to retailers to request that retailers stop selling the offending product. It has also never sued a company officer in relation to a recall although criminal penalties can be imposed for willful violations of the Consumer Product Safety Act. In fact, the Consumer Protection Safety Act places the responsibility of a recall on the manufacturer, … [Read more...] about Consumer Product Safety Commission (CPSC) Takes New Approach Putting Buckyballs Out of Business and Suing Executive Zucker
Earlier this year, we began a series of blog entries to update our readers on legislative efforts on Capitol Hill that affect stakeholders within the product safety arena. Over the summer, we updated you on an amendment to an appropriations bill passed in the House of Representatives that would halt the U.S. Consumer Product Safety Commission’s (CPSC) ongoing work on finalizing a rule on voluntary recalls. Since the summer, three additional pieces of legislation have been introduced on the Hill pertaining to product safety, which deserve our attention.First, earlier this month, Sen. Chuck Schumer (D-NY) introduced the “Children and Firefighters Protections Act of 2014” (S. 2811) to ban 10 flame retardants from upholstered furniture and children’s products such as changing table pads, portable crib mattresses, pajamas, nap mats and nursing pillows. According to Sen. Schumer and a host of advocates, these flame retardants are … [Read more...] about Product Safety Update from Capitol Hill (Part Three)
New Prometheus/Myriad guidance appeared on the USPTO website on 4March under the weighty title 2014 Procedure For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws Of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products. A profound, and it is submitted unjustified, change is introduced in Example B of that guidance which concerns chemical substances purified from nature.In 1900 Dr Jokichi Takamine succeeded in isolating and purifying adrenalin in fine crystalline form from the adrenal glands of sheep and oxen, for which he was granted US Patent 730176 in June 1903. The new product was said to be storage stable when dry and when injected into an animal to bring about a rise in blood pressure. A number of product claims were granted of which the following is representative:“A substance possessing the herein described physiological characteristics and reactions of the suprarenal glands, having approximately the formula … [Read more...] about United States Patent and Trademark Office (USPTO) Patent Eligibility Guidelines – A Step Too Far For Natural Products?
Canada has a complex legal framework at both the federal and provincial levels that governs the safety requirements for products sold in Canada. The Canada Consumer Product Safety Act (CCPSA) is a broad federal statute that addresses consumer product safety, testing, incident reporting, record-keeping, inspection and product recall. Some products sold in Canada are subject to other specific federal and provincial safety-related legal requirements, such as foods, drugs, natural health products, cosmetics, upholstered and stuffed articles, textiles and motor vehicles.The CCPSA came into force in 2011 and replaced part 1 and schedule 1 of the Hazardous Products Act. The CCPSA grants Health Canada powers to order a person to take certain measures including but not limited to:stopping the manufacturing, importation, packaging, storing, advertising, selling, labelling, testing or transport of consumer goods;carrying out testing or studies; andany measure that Health Canada considers … [Read more...] about Canada’s Consumer Product Safety Act: An Update