Product liability lawsuits can be devastating for manufacturers, suppliers, distributors, retailers and other parties involved the sale or marketing of products to consumers. These cases can often involve millions of dollars and may be brought as individual or class action lawsuits with hundreds or thousands of claims litigated simultaneously. The outcome of a large products liability lawsuit has the potential to financially make or break a company. Unfortunately, when a product fails and a high-stakes lawsuit arises, the insurance companies for manufacturers and distributors often deny coverage, citing various terms, exclusions, and/or pre- and post-loss conditions of the company’s liability policy, as well as representations made by the company in connection with its policy application.
An insurance company may also try to limit coverage by, for example, claiming that each product failure constitutes a separate “occurrence” for which the policyholder is responsible for a separate deductible. Where products fail across several policy periods involving multiple insurers, an allocation of loss among those insurers is often required. The resolution of these issues requires an in-depth understanding of the law and policy language.
Ver Ploeg & Lumpkin provides strategic representation to corporate and individual policyholders involved in complex, high-stakes disputes with their insurance companies. The insurance recovery attorneys at our firm have built a strong reputation for their ability to obtain successful outcomes for manufacturers, suppliers, distributors and other companies seeking insurance recovery in both small and large product liability lawsuits. Our cases involve all types of product liability claims, from alleged defective children’s products, to dangerous chemicals, pharmaceuticals and medical devices. We are experienced, diligent, efficient and committed to providing exceptional representation to businesses operating across all industries.
Product liability lawsuits typically involve a number of defendants operating across the supply chain, from suppliers and manufacturers to distributors and retailers. In many of these lawsuits, the commercial general liability insurance policy for one entity may also cover other entities throughout the supply chain. Our legal team is well versed in these complex insurance coverage matters. We carefully analyze and assess the relevant policies to identify all potential avenues of coverage that may be available for our clients. Our lawyers also review our clients’ insurance policies to determine how many years of policies might apply to the claim as well as the number of occurrences covered. We are focused on obtaining the maximum coverage for our clients and are often able find coverage that others may not have known was available.
When a product liability case surfaces, the insurance company may not only try to deny coverage, it may also fail to take the appropriate steps to settle the claim fairly. Our attorneys have a full knowledge of the laws governing the insurance industry and we carefully monitor product liability cases to make certain that the insurance company is properly defending our clients. In the event the insurance company exposes our client to a judgment in excess of the policy limits, our lawyers are fully prepared to bring a bad faith action against the insurance company.
Ver Ploeg & Lumpkin recognizes that insurance law is constantly evolving. Our attorneys regularly track and monitor legal developments so that we can provide our clients with the most current information and advice in connection with their cases.
Contact our firm today to schedule a consultation with an experienced Miami insurance recovery attorney. Our lawyers represent policyholders throughout Florida and across the nation in complex high-stakes insurance disputes.