Interpretation of the CGL policy in the long-tail product hazard cases - price/availability implications
Article Abstract:
Long-tail product liability insurance is often priced over the market and therefore unavailable because insurance companies are unable to calculate the risks of insuring since courts have held companies liable under lapsed policies. The courts have applied many theories with the common result of ruling for the insured, often finding insurance companies liable for insurance policies long since discontinued because the initial exposure is used to trigger coverage rather than the manifestation of the harm.
Publication Name: Journal of Products Liability
Subject: Law
ISSN: 0363-0404
Year: 1991
User Contributions:
Comment about this article or add new information about this topic:
State-of-the-art evidence in long-tail product liability litigation: the transformation of the tort system into a compensation systems
Article Abstract:
Long-tail product liability suits often hinge on the state of the art of the product at the time of the case, which may be considerably more advanced than the state of the art at the time of manufacture or consumer use. The tort system becomes a compensation system when state of the art evidence is not admitted in such cases. Tort reform legislation favors the admissibility of state of the art evidence in cases involving design defects or failure to warn.
Publication Name: Journal of Products Liability
Subject: Law
ISSN: 0363-0404
Year: 1991
User Contributions:
Comment about this article or add new information about this topic:
Tolling of statutes of limitation in long-tail product liability litigation: the transformation of the tort system into a compensation system
Article Abstract:
The discovery rule has replaced the traditional rule of accrual for interpreting statutes of limitation in long-tail product liability cases. This practice has changed the tort system into a compensation system, increasing the liability of manufacturers in favor of compensating victims. Several states have passed statutes of repose in order to bar many long-tail cases and curtail expansion of discovery rule use.
Publication Name: Journal of Products Liability
Subject: Law
ISSN: 0363-0404
Year: 1991
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Metanoia and the rule of law in the single market. Reforming product liability. The ECJ: a court with a mission?
- Abstracts: Critique of third-party decision-making in ADR processes. Successful regulatory negotiations. Is interest-based bargaining really new?
- Abstracts: Rethinking cyberspace jurisdiction in intellectual property displays. (National) trademark laws and the (non-national) domain name system
- Abstracts: Courts remain divided over whether a policyholder, in a bad-faith action against an insurance carrier, is entitled to indemnification for punitive damages awards
- Abstracts: Administration of a business interest held by an estate or trust. Conservation easements help preserve real estate for an owner's family