Product Liability Insurance coverage for EU Importer by UK Manufacturer

A

Abi

Registered
Hi All,
I am wondering if someone can please shed light on the (mandatory) request by EU Importer that the UK Manufacturer's insurer should include the EU Importer as "additional insured" to cover any product liabilities in relation to the activities of the importer on behalf of the UK manufacturer in the EU? Is this the norm and any idea how this can be achieved particularly if manufacturer's insurer is unwilling to provide the cover?
Many thanks for your insight.
 
ChrisM

ChrisM

Quite Involved in Discussions
Ah, interesting..... I work for a UK manufacturer, and recently our EU Rep asked for us to add them as an "interested party" on our Liability Insurance Certificate. A few brief exchanges with our broker and it was all sorted for no additional cost. They are not an "additional insured" party but are an "interested party", the reasoning being that they are apparently jointly liable in the case of an "incident".... the comeback will always be on the manufacturer but under EU law, I believe, the EU Rep could be held liable if the manufacturer tries to "get out" of the situation. No doubt someone in the Legal Profession can clarify better.

Try to think of it as similar to taking out house insurance when you have a mortgage..... the mortgage company is an "interested party" because if for example the house burned down, how would you be able to repay them if you had no money and no insurance? The mortgage company will insist that you have insurance cover and may require that you have them added as an "interested party" to your house insurance policy/certificate; I know that this has happened with me in the past
 
A

Abi

Registered
ChrisM said:
Ah, interesting..... I work for a UK manufacturer, and recently our EU Rep asked for us to add them as an "interested party" on our Liability Insurance Certificate. A few brief exchanges with our broker and it was all sorted for no additional cost. They are not an "additional insured" party but are an "interested party", the reasoning being that they are apparently jointly liable in the case of an "incident".... the comeback will always be on the manufacturer but under EU law, I believe, the EU Rep could be held liable if the manufacturer tries to "get out" of the situation. No doubt someone in the Legal Profession can clarify better.

Try to think of it as similar to taking out house insurance when you have a mortgage..... the mortgage company is an "interested party" because if for example the house burned down, how would you be able to repay them if you had no money and no insurance? The mortgage company will insist that you have insurance cover and may require that you have them added as an "interested party" to your house insurance policy/certificate; I know that this has happened with me in the past
Click to expand...


Hi ChrisM, thanks for sharing your experience on this issue; it really helped.
 
goldenguo

goldenguo

Involved In Discussions
I think there are still many manufactures did not buy this insurance, and many of them may think the risk of their products is very small, and no accident happened before. And the insurance is not a small cost, the range may 10,000EURO to 50,000EURO/year for most of the manufactures.

So what will happen if the manufacture did not buy insurance? Importer will take that risk if some accident happen?
Or any Liability for Distributor?
 
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