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Standing Up To Insurers Who Have Denied Your Product Liability Claims

Manufacturers carry product liability insurance to protect themselves against lawsuits from consumers who claim they were injured or otherwise harmed by a company's product.

An insurance company has two main duties to its insureds under the product liability portion of its commercial liability policy: the duty to defend the policyholder against lawsuits and the duty to indemnify, or pay valid claims.

The Duty To Defend

An insurance company must provide the policyholder with a defense attorney who does not have a conflict of interest in the case being litigated. If the defense lawyer does have a conflict of interest, the policyholder has the right to select his or her own attorney, at the insurance company's expense.

The insurance company and its attorney must treat the policyholder's interests as equal to their own. For example, they must be willing to settle the claim within the policy limits. To do otherwise would expose the policyholder to substantial liability.

If the insurance company fails to properly defend the policyholder, it can be sued for insurance bad faith. The insurance attorneys of Pillsbury & Coleman, LLP, in San Francisco, have years of experience representing policyholders in coverage disputes and bad faith product liability insurance claims.

The Duty To Indemnify

Insurance companies must promptly pay valid product liability claims. If a claim is unreasonably denied, delayed or undervalued, the insurance company can be sued for bad faith. In these cases, we aggressively pursue punitive damages in addition to compensatory damages.

Our attorneys have a long and successful history of representing businesses involved in complex product liability insurance disputes. We are skilled at analyzing insurance coverage and developing creative and effective strategies for reaching our clients' goals.

Contact Our Law Firm

To speak to an attorney about your firm's insurance-related concerns, please call our office at 415-655-1549 or send us an email. From offices in San Francisco's Transamerica Pyramid, we represent clients throughout California.