Regulatory risk | 保险和再保险
Product Liability legislative reforms: A snapshot of the UK's position
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Our global product liability & recall team has a worldwide reach, giving us a unique capability to advise on issues wherever they arise. We act for many household name manufacturers and retailers, often in conjunction with their insurers, handling their most technical and sensitive claims.
We advise on issues including product safety and regulation, product recall and crisis response, product liability and recall insurance and subrogated recoveries. We act on both consumer and commercial claims, including actions across the supply chain, class actions and group litigation.
We have a detailed understanding of all major sectors including aviation, agriculture and food, automotive, construction and engineering, medical devices and pharmaceuticals, manufacturing and retail. We work across the whole breadth of the supply chain, with particular specialism in cross-border and multi-jurisdictional issues.
Our team works extensively for insurers and we have assisted in drafting many of the standard policy wordings in the marketplace. We are especially familiar with excess liability and the Bermuda Form.
We have crisis management capability and provide a first response in high pressure scenarios. We work hard to preserve our clients' reputations and commercial relationships.
Our insurance lawyers pride themselves on technical excellence and the ability to deliver consistent results. We also have an extensive directory of technical experts across multiple sectors and jurisdictions. We work in partnership with our clients and experts to make early strategic evaluations. Our focus is on building relationships, settling cases at the right time or taking them to trial if necessary. Cost management is important to clients and we ensure balanced teams with the work being done at the appropriate level.
We understand the complexities and associated risks across each stage of product manufacturing and are able to provide specialist advice and guidance on the legal issues clients face day to day.
Our experience extends across many sectors involved in consumer goods and the manufacturing industry. Take a look below to see where we can help at each stage:
Advising Insurers and re-insurers following a large fire at a Michelin starred restaurant in Mayfair due to design and construction failures.
Advising insurers on coverage, liability and recall concerns following the finding of Salmonella in cereal bars supplied globally by an insured from Bolivia.
Advising international insurers sand product manufacturer in defending a multi million dollar claim following the destruction of a mining shovel and associated economic loss in a gold mine in Australia.
Advising product recall insurers on policy coverage following a recall of 8,000 vehicles following a defect in a component supplied by an insured manufacturer
Defending a food packaging company who manufacture high quality shrink barrier films, bags and pouches following the alleged failure of a polyamide layer in a packaging product.
Defending a French insurer of a manufacturer of defective radiators which led to multi-jurisdictional claims in Europe (France, Belgium, Italy, Spain).
Defending French juice manufacturers and their insurers following a recall in the USA.
Advising various leading insurance companies on Chinese law issues relating to various recovery claims against local Chinese manufacturers, presenting formal demand letters and preparing for the relevant litigation proceedings in China
Representing a global underwriter of specialty insurance and reinsurance in providing advice in relation to contaminated Poppadoms. Production of the majority of supply to the UK market was recalled or halted due to excess oil in the product
Advising a global biotherapy company on a significant recall of contaminated blood products distributed to Hong Kong from Australia
Advising underwriters in relation to Canadian litigation where a counterclaim has recently been received, arguing that the product supplied by the insured was defective and thus raising a defence to their claim for contractual damages.
Advising clients in regards to coverage assistance and management of food and pharmaceutical industry product recalls
Defending an aircraft manufacturer on behalf of its insurers against wrongful death claims following the crash of a chartered aircraft
Defending manufacturers in many actions involving salmonella contamination, consumer appliances, alleged defective children’s car seats and defective windows
Securing dismissal of a US manufacturer of aerospace fastening system in a lawsuit for negligence and strict product liability arising from the January 2007 crash of a US Navy helicopter engaged in a training mission off the coast of California
Representing a Dutch solar array manufacturer in defence of litigation involving breach of contract, breach of warranty and tort claims arising out of alleged anomalies in nine commercial satellites; and successfully securing dismissal for a client in the Ninth Circuit Court of Appeals following dismissal by the trial court
Obtaining a defence verdict for a Fortune 50 Electronics Company in a claim of defective design and manufacture of a notebook computer and its lithium ion battery that allegedly caused a massive building fire
Securing a defence verdict on behalf of race car component manufacturer in a USD 60 million wrongful death claim arising from the death of a race car driver during a qualifying run at a Grand Am racing event
Securing a defence verdict and multiple summary judgments for a global leader in cardiology and endovascular devices in multiple "migration" of cardiac stent claims
Obtaining a defence verdict for the tire manufacturer in the first verdict involving a US Ford Explorer rollover death with a tire tread separation
Defending multiple food poisoning claims for a major airline
Advising a global biotherapy company on a significant recall of contaminated blood products distributed to Hong Kong from Australia
Experience includes advising in respect of a dispute arising from foreign-based product liability class actions and a worldwide product recall
Advising a company which issued a safety recall in respect of its motorcycles. Several customers failed to respond to the recall notices and were injured whilst riding
Defending a multi-million dollar fire claim made against a manufacturer and its insurer following the destruction of a mining dump truck by fire
Advising various leading insurance companies on Chinese law issues relating to various recovery claims against local Chinese manufacturers, presenting formal demand letters and preparing for the relevant litigation proceedings in China
Defending personal injury claims brought against an inflatable swimming pool manufacturer
Acting for a Hong Kong insurer in relation to a claim involving an allegedly defective heater, including acting in relation to a claim in the United States and a recovery action in the United States and Italy
Acting for an international insurer in 21 claims relating to exploding lamps. The claims involved Hong Kong and US law and included allegations of bad faith and competing entitlements to the limit of indemnity by the manufacturer and a US retailer
Acting for an insurer in a personal injury claim valued at more than $100m which was brought against a Chinese auto parts manufacturer
Representing a global underwriter of specialty insurance and reinsurance in providing advice in relation to contaminated Poppadoms. Production of the majority of supply to the UK market was recalled or halted due to excess oil in the product
Advising Insurers and re-insurers following a large fire at a Michelin starred restaurant in Mayfair due to design and construction failures.
Defending a food packaging company who manufacture high quality shrink barrier films, bags and pouches following the alleged failure of a polyamide layer in a packaging product.
Advising insurers on coverage, liability and recall concerns following the finding of Salmonella in cereal bars supplied globally by an insured from Bolivia.
Advising international insurers sand product manufacturer in defending a multi million dollar claim following the destruction of a mining shovel and associated economic loss in a gold mine in Australia.
Advising product recall insurers on policy coverage following a recall of 8,000 vehicles following a defect in a component supplied by an insured manufacturer
Defending a French insurer of a manufacturer of defective radiators which led to multi-jurisdictional claims in Europe (France, Belgium, Italy, Spain).
Defending French juice manufacturers and their insurers following a recall in the USA.
Advising underwriters in relation to the contamination of baby milk in Denmark. Our team is advising on coverage and liability with the assistance of Danish agents.
Representing a product liability insurer of a chain of private hospitals specialising in providing cosmetic surgery, including breast implants, in regards to claims from patients who had been given the French-made PIP implants. These implants received extensive media coverage when it was discovered that they had been filled with non-medical-grade silicone, thought to be of a type used to make mattresses.
Experienced in handling vehicle and building material recall campaigns as well as serial claims resulting therefrom
Advising a vehicle manufacturer under the Consumer Protection Laws of the UAE, Qatar, KSA and Bahrain on recall procedures and the legal consequences of a defect in a model of vehicle
Negotiating a manufacturer’s warranty conditions with the Ministry of Economy and amending their warranty booklet to comply with the Ministry’s requirements
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