Product Liability Insurance Policy

We Cover

This insurance is intended to provide an indemnity to the insured (upto the limit of liability) in the event of a claim being brought against him. This may be caused by anything harmful or defective in the products sold or supplied by the insured in connection with the business specified. The Company in addition will reimburse all costs and expenses incurred with its written consent defending such a claim for compensation. The insurance will however not cover the cost of removing replacing or repairing defective products or loss of use thereof.

Liability Covered

The policy seeks to indemnify the insured against his legal liability to pay compensation (including claimants costs fees and expenses) in respect of injury damage or pollution for third parties for claims arising out of accidents due to any defects in the products specified in the policy during the period of the insurance and first made against the insured during the policy period. For the purpose of determining the indemnity granted :

• Injury shall mean death bodily injury illness or disease of or to any person
• Damage shall mean actual and / or physical damage to the atmosphere or of any water land or other tangible property
• Pollution shall mean pollution or contamination of the atmosphere or of any water land or other tangible property
• Product shall mean any tangible property after it has left the custody or control of the Insured which has been designed specified formulated manufactured constructed installed sold supplied distributed treated serviced altered or repaired by on behalf of the Insured
• Accident shall mean a fortuitous event or circumstance which is sudden unexpected and unintentional including resultant continuous intermittent or repeated exposures arising out of the same fortuitous event or circumstances

Special Features

1) CLAIMS MADE BASIS

The policy is on `Claims made basis. This means that the accident giving rise to the claim shall occur during the period of insurance and further that the claim shall be first made against the insured during the policy period.

2) RETROACTIVE DATE

This is the date of commencement of the first `Claims made product liability policy. This date will remain unaltered as long as the policy has been renewed without break and there has been no substantial material change in the risk.

3) PERIOD OF INSURANCE

This is the period commencing from the retroactive date and terminating on the expiry date of the policy.

4) POLICY PERIOD

This is the period commencing from the midnight on the inception date and terminating at midnight on the expiry date of the policy.

Special Exclusions

• The policy excludes liability for costs in the repair reconditioning modification or replacement of any part of any product which is or is alleged to be defective.
• For cost arising out of the recall of any product or part thereof.
• Arising out of any product which is intended for incorporation into the structure machinery or control of any aircraft.
• Arising out of deliberate willful or intentional non-compliance of any statutory provision.
• Arising out of pure financial loss such as loss of goodwill loss of market etc.
• Arising out of fines penalties punitive and exemplary damages.
• For injury and/or damage occurring prior to the Retroactive date shown in the schedule.
• Arising out of deliberate conscious or intentional disregard of the insured�s technical or administrative management of the need to take all reasonable steps to prevent claims.
• For injury to any person under a contract of employment or apprenticeship with insured where such injury arises out of the execution of such contract.
• Arising out of contractual liability which would not have existed in the absence of the specific contract.
• Arising out of any product guarantee.
• Arising out of claims for failure of the goods or products to fulfill the purpose for which they were intended

General Exclusions

• War Perils
• Nuclear Exclusions

Policy will not pay loss or damage due to:

• War and war like perils
• Wear and tear depreciation consequential loss
• Nuclear group of perils
• Gross and wilful negligence of Insured
• Violation of policy conditions
• Loss/damage/liability where Insured's family or Insured's employee are involved as principal/accessory
• Intentional act/self injury/ influence of drug/intoxicant.