Tuesday, September 18, 2012

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One of the areas of greatest confusion is the difference between Professional Indemnity, General Liability and Product Liability Insurance. Professional Indemnity Insurance provides coverage for professionals (corporate or individual) for any negligent act, error or omission alleged to have occurred while in the performance of their professional activities and duties. It differs from General Liability and Product Liability Coverage in that the acts covered are those acts performed by an engineer, architect, doctor or attorney in rendering professional services to their clients. To better understand this coverage we will have a brief discussion below of Product Liability, Professional Indemnity and the application of the latter and how it functions.


A. Product Liability

Product Liability is the legal responsibility of a manufacturer to a consumer of its' product. Liability arises out of the negligent manufacture of a product including defective or faulty workmanship, materials or components. It is a liability that arises from the failure of a manufacturer to properly manufacture, test or warn about its product and occurs when the product departs in a negligent manner from its intended function.

Product Hazards includes bodily injury or property damage arising out of the named insured's products, but only if the bodily injury or property damage occurs genuine petunia ugg australia boots away from the premises owned or leased by the named insured and after physical possession of the products have been relinquished to others and is in the stream of commerce.

Completed Operations includes bodily injury and property damage arising out of operations or genuine petunia ugg australia boots reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the Named Assured.

Excluded from General Liability and Product Liability Coverage is that negligence attributable to Professional Liability, which includes the services or consultations rendered negligently by architects, engineers, or other professionals.

B. Professional Indemnity

The Professional Indemnity Policy is designed to answer the professional services exclusion in the CGL/ Product genuine petunia ugg australia boots Liability Policy. The Professional Indemnity Policy covers the negligent services of a professional to its client and covers an act of negligence, error or omission on the part of an assured in the execution of his professional activities. These professional activities usually include design, the drafting of specification, feasibility studies, calculations, maps and supervision of same by the insured professional.

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