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Whether or not general liability insurance covers construction defects or "faulty workmanship" is a matter of some debate, as some insurers have viewed poor workmanship as a risk that is covered by a surety bond rather than an insurance policy given that a construction professional may have some influence (through attention to detail, skill, and effort) over whether such a defect occurs.
A common kind of warranty on goods is a warranty that the product is free from material defects in materials and workmanship. This simply promises that the manufacturer properly constructed the product, out of proper materials. This implies that the product is not defective for the purposes for which it was made.
However, in most states, these are not legal claims in and of themselves, but are pleaded in terms of the legal theories mentioned above. For example, a plaintiff might plead negligent failure to warn or strict liability for defective design. [49] The three types of product liability claims are defined as follows:
Liability insurance (also called third-party insurance) is a part of the general insurance system of risk financing to protect the purchaser (the "insured") from the risks of liabilities imposed by lawsuits and similar claims and protects the insured if the purchaser is sued for claims that come within the coverage of the insurance policy.
Sep. 16—The city of Santa Fe is suing contractors that conducted work on dams at the Nichols and McClure reservoirs, alleging faulty work is now costing the city millions of dollars in repairs.
A product defect is any characteristic of a product which hinders its usability for the purpose for which it was designed and manufactured.. Product defects arise most prominently in legal contexts regarding product safety, where the term is applied to "anything that renders the product not reasonably safe". [1]
Ms McQuiddy claims that some of her property was destroyed in the fire. She’s seeking damages to cover the cost of the following: replacement value of personal property, the cost to repair the ...
Section 402A of this Restatement, discussing strict liability for defective products, is by far the most widely cited section of any Restatement. [2] It gave birth to such an enormous body of case law that an entirely new Restatement of Torts, Third: Products Liability was published in 1997 to supersede Section 402A and related sections.