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CASE STUDIES
Another Example Where ICA Found Coverage already denied...
ICA was retained by a manufacturer of rectifiers and component parts who was sued for breach of warranty because one of their products allegedly never worked properly, causing the end purchaser to sustain a business loss. The Client knew that breach of warranty was not covered under a CGL policy so did not submit the complaint to the carrier. Six months and $90,000 of legal fees into the litigation, the Client finally submitted the claim, at which time it was denied because no covered cause of loss was alleged, as well as for late reporting. ICA successfully convinced the carrier that irrespective of the allegations of the complaint, investigation would prove at least part of the claim should be covered as products liability is not subject to the “impaired property” exclusion. Result - Despite the late notice, the carrier provided defense and indemnity.
10/3/2006
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