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PRODUCT LIABILITY & RECALL

Product manufacturing has unique liability challenges, while a recall can devastate a company’s reputation and profitability.

Unique liability challenges exist for businesses in relation to the manufacture, sale, and distribution of products, including warranty issues relating to the their performance. A product recall can devastate a company's brand name and profitability. No matter what its size, industry, location, or reputation, a company can be left in ruins if it does not manage a product recall well. To minimize the costs and mitigate the risks associated with such an incident, companies must proactively assess and manage their product recall risks.

Product Liability Insurance

Marsh provides a broad range of support to clients and their defense counsel including:

  • Historical insurance policy organization and analysis.
  • Collection, organization and analysis of claim information.
  • Identification and organization of unallocated expenses.
  • Loss allocation modeling to support insurance recoveries.
  • Design of settlement schemes and negotiation with insurers.
  • Creation or enhancement of insurance billing system.

We also provide support to clients with insufficient insurance limits, and/or self-administered clients that are looking to lessen their exposure through risk transfer including:

  • Evaluation, recommendation, and implementation of best practices to either put the program in the best light for prospective insurers or reduce cost if risk is retained.
  • Elimination or reduction of risk through loss portfolio transfers.
Product Recall and Liability Prevention

Marsh can provides customized product development risk management solutions to help an organization decrease product defects and the possibility of product tampering as well as comply with national and international regulatory requirements. This includes a tailored product risk assessment that:

  • Benchmarks the product development process against best practices using performance scoring.
  • Targets areas for improvement.
  • Provides a roadmap designed to assist in better product liability performance.
Comprehensive Product Recall Preparedness

We can assess an organization’s recall preparedness to help avoid recalls and limit damage in the event of a recall. We evaluate and assist with:

  • Supplier relationships and contracts with upstream and downstream customers.
  • Procedures for identifying, investigating, and escalating a safety-related issue.
  • Crisis management preparedness, recall procedures, and communications plans.
  • Testing procedures, end-to-end product traceability, and recalled product disposal planning.
  • Regulatory compliance, including bioterrorism and container security compliance.