Principle Subrogation Applies to Product Liability Insurance

Product liability insurance is a type of insurance that protects manufacturers, distributors, and retailers from financial losses that may arise from legal claims associated with their products. This type of insurance provides coverage against claims for personal injury or property damage caused by the use of the insured product. One unique way the subrogation principle of product liability insurance is applied is through the principle of subrogation.

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Cost of Subrogation

  • Principle subrogation is a legal term that refers to the transfer of the right to recover damages from one party to another. In the context of product liability policy, subrogation allows an insurance company to recover the cost of a claim from the party responsible for the loss.
  • The cost of the subrogation principle under product liability insurance depends on several factors, including the size and complexity of the claim, the insurance policy limits, and the extent of the damages incurred. In general, subrogation costs are included in the overall cost of the insurance policy, which is based on many risk factors, including the nature of the product being insured, the history of claims for that product, and the financial stability of the insured party.
  • One unique aspect of product liability policy is that it often involves multiple parties, including the manufacturer, distributor, and retailer of a product. To properly allocate costs and determine the responsible party, insurance companies may need to conduct extensive investigations and legal proceedings, which can increase the overall cost of subrogation.
  • Ultimately, the cost of the subrogation principle under product liability insurance is a complex issue that depends on a range of factors. Insurance companies will typically work with their clients to manage the costs of subrogation and ensure that they are covered in the event of a claim.

Case study

A consumer named John purchased a new car from XYZ Motors. One day while driving, John suddenly lost control and crashed into a tree, resulting in serious injuries. It was later determined that a defect in the car's braking system caused the accident.

John filed a claim against XYZ Motors, seeking compensation for his injuries and damages to his car. XYZ Motors had product liability insurance, which covered such claims. The insurance company, upon investigation, determined that the defect in the braking system was indeed the cause of the accident and paid out John's claim.

However, since the accident was caused by a defect in the car, the insurance company was entitled to exercise the principle of subrogation, which allowed it to seek reimbursement from the manufacturer of the car for the amount it had paid out to John.

The insurance company sued XYZ Motors for the amount it had paid to John, arguing that the defect in the braking system was due to the negligence of XYZ Motors. In this case, the principle of subrogation enabled the insurance company to pursue the manufacturer for damages, based on the manufacturer's liability for the defective product.

This is an example of how the subrogation principle under product liability insurance, can be used in a unique way to cover liability insurance. It enables to hold manufacturers accountable for the quality of their products, while also protecting consumers from the financial consequences of product defects.

Conclusion

The principle of subrogation in product liability insurance refers to the right of the insurer to pursue recovery from a third party that may have caused the loss. This means that if the insured has suffered a loss due to a defective product, and the insurer pays out a claim to the insured, the insurer may then pursue the manufacturer or other responsible party to recover the amount paid out.

Written By: PolicyBazaar - Updated: 30 March 2023
Policybazaar for Business - Comprehensive Liability Insurance - Customer Reviews
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4.3 April 09, 2023
Shubh
Competitive Premiums
The premiums offered by PolicyBazaar for the Comprehensive General Liability Insurance are competitive, considering the extensive coverage and top-notch customer service they provide.Truly recomend it.
Ludhiana
4.3 March 28, 2023
Prakhar
Worth Buying
PolicyBazaar worked closely with me to tailor the coverage to meet the specific needs of my business.Worth buying.
Dehradun
3.8 March 16, 2023
Veer
Wide Coverage
One of the most significant aspects of this insurance is its coverage. It provides extensive protection against a wide range of liabilities, including bodily injury, property damage, etc. Thanks for the policy PB
Lucknow
3.8 March 04, 2023
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Peace Of Mind
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Bareilly
3.8 February 20, 2023
Ram
Claim Process Is Hassle Free
PolicyBazaar's claims process is efficient and hassle-free. In the unfortunate event of a claim, they handled everything swiftly and professionally, ensuring a smooth resolution without unnecessary delays. This reliability and promptness have further strengthened my trust in their services.Thankyou.
Delhi
4 February 20, 2023
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Great Customer Support
PolicyBazaar can help you get your Insurance as I am in the construction Industry and needed some guidance on risk concerns. I contacted PolicyBazaar Team, whO explaned to me the process to get the Insurance. Thank you PolicyBazaar.
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3.8 February 16, 2023
Aditi
Damages Covered
I recently purchased CGL insurnace from PolicyBazaar. They helped me to cover my damages. Thankyou.
Jamshedpur
4 February 12, 2023
Neha
Helpful Team
We were looking to buy Comprehensive General Liability Insurance Plan that protects Third party property from any accidental damage at my workplace. So we landed on the PolicyBazaar website. It was well managed and described all the benfits in detaill... We contacted their Customer support and dcided to buy from them. Thanks, PolicyBazaar Team
Coimbatore
3.8 February 08, 2023
Veer
All In One Platform
It is an All in one platform which provided me unique perks, Low premium prices and a fast claim settlement process. Thankyou PB. Excellent platform.
Vadodara
4.3 February 04, 2023
Amar
Good Package
Got a really good coverage. Thanks, PolicyBazaar
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