Product Liability & Recalls
Product liability insurance requires examination at both the factual and legal levels, including the presence or absence of defects, in order to determine whether or not a defect is covered by insurance. Recall insurance also requires not only a determination of coverage, but also consideration by the company of whether or not a recall should be made in the first place. When considering this point, companies also need to pay attention to reputation risk. Consequently, product liability insurance and recall insurance have unique aspects that are not found in other types of insurance.
Our firm has a wealth of experience advising and representing non-life insurance companies in property liability and recall insurance, as well as in advising and representing companies in the event of product defects.
When considering product liability and recall insurance, it is essential to have an understanding of the technical standards of the relevant industry and to conduct a factual analysis of the causes of the accident. To this end, we have built systems that enable us to collaborate with external technical experts according to the type and nature of the product.
We also have systems for handling cross-border product defects in collaboration with our own attorneys who specialize in international legal affairs and with local law firms in the relevant countries and regions.
Major matters and achievements
- Represented a machinery import agent in negotiations and litigation concerning product liability
- Represented a manufacturer in the handling of product liability negotiations
- Represented a non-life insurance company in legal proceedings against importers and others regarding a product liability compensation claim, provided legal advice to a non-life insurance company regarding the application of product liability and recall insurance; and represented a non-life insurance company in negotiations concerning a product liability compensation claim against an overseas manufacturer
- Collaborated with local lawyers to support the resolution of an overseas recall by a Japanese company through negotiations with administrative authorities