All cover · Products liability

Delta Insurance vs vero — Products liability

Products liability covers third-party bodily injury / property damage caused by a product you supplied, manufactured, imported or installed. Sits inside most public liability wordings but the carve-outs (efficacy, financial loss, recall) differ by insurer.

Delta Insurance

Delta Insurance New Zealand Limited

Wording on file: Delta Manufacturing Liability
Effective: 2023-04-01
Tier D (blocked) FCIB panel

Source PDF →

vero

Not on file — request latest wording from vero via FCIB.

Side-by-side fact comparison

Each row is a fact-key from the Products liability wording. "Not on file" means either the wording doesn't address that fact, or Phase C structured-facts extraction hasn't been run yet on this insurer's wording.

Fact Delta Insurance vero
limit of indemnity options Not on file Not on file
products liability specific exclusions
[
  "12 Months Post Recall: Product Recall Costs or Replacement Costs incurred in respect of any Product Recall more than 12 months after that Product Recall commences",
  "Competitor's Product: Loss as a result of product recall or defect of a product of a competitor of the Insured, or of products similar to a Covered Product",
  "Contractual liability: Loss as a result of liability assumed by the Insured under contract or agreement, including any liquidated damages, contractual fines or penalties, or indemnities, or liability by virtue of warranties or guarantees under any contract or agreement (except compensatory damages that would have attached in the absence of that contract or agreement)",
  "Change in Market Circumstances: Loss as a result of any change in customer tastes, competitive environment, economic conditions, population or seasonal sales variations",
  "Contamination: Loss as a result of a Product Recall initiated on account of contamination arising from bioengineering/genetic engineering/genetic modification, hormone treatment, irradiation, transmissible spongiform encephalopathy (TSE), or carcinogens",
  "Foreign Judgments: Loss as a result of legal proceedings brought against the Insured in any country outside the Territorial Limits",
  "Governmental Regulations: Loss from intentional violation of legal/governmental/regulatory requirements; Loss from change in governmental regulations; Loss from recall of product banned prior to Policy Period or distributed/sold after governmental ban",
  "Insured Cross Claims: Loss as a result of any liability or obligation of any Insured owed to any other Insured",
  "Insured's Instructions for Use: Loss from failure by any party other than the Insured or the Insured's Employees to adhere to procedures prescribed by the Insured regarding storage, consumption or use of any Covered Product",
  "Natural Deterioration: Loss on account of natural deterioration, decomposition or transformation of the chemical structure of any Covered Product (except where directly resulting from a defect or deficiency in the manufacturing process)",
  "Prior Known Defects: Loss from a Product Recall where the Product Defect is the same or substantially the same as one commencing before the Policy Period; where the Insured was aware prior to the Policy Period of the Product Defect or likely circumstances; or in connection with Covered Product first placed on market after Insured first became aware of any Product Defect reasonably likely to give rise to a Product Recall",
  "Re-design Costs: Loss in respect of the cost to design, re-design, engineer, re-engineer, recalibrate or retool any Covered Product",
  "Shelf-Life: Loss as a result of a Product Recall due to the expiration of the designated life of the Covered Product"
]
Not on file
recall cost handling Part 1 Product Recall: Underwriters will indemnify the Insured for Loss (including Product Recall Costs, Replacement Costs, Third Party Damages and Defence Costs) incurred as a direct result of a Product Recall commencing during the Policy Period, subject to the Product Recall Aggregate Limit, Product Packaging Defect Sublimit, Excess Amount and Co-insured Percentage Amount specified in the Schedule. All Product Recalls arising from the same or substantially the same Product Defect will be deemed to be one Product Recall. Not on file
efficacy exclusion Part 1 excludes Loss as a result of a Product Recall arising from failure by any party other than the Insured or the Insured's Employees to adhere to procedures prescribed by the Insured regarding the storage, consumption or use of any Covered Product. Product Packaging Defect means a defect in the packaging or labelling of a Covered Product which results in the failure of the Covered Product to perform its intended purpose. Not on file
territory New Zealand (Part 3 Territorial Limits defined as New Zealand; Part 1 and Part 2 refer to Territorial Limits as specified in the Schedule) Not on file
consumer guarantees act handling Not on file Not on file
rma handling Contaminated Land means 'contaminated land' as that term is defined under the Resource Management Act 1991 (as amended from time to time). Part 3 Environmental and Pollution Damage provides cover for Clean-up Costs and Claims for Loss arising out of a Pollution Incident on, or migrating from, an Insured Property, subject to terms and exclusions including that remediation must be required by Environmental Laws. Not on file
key exclusions
[
  "12 Months Post Recall (Part 1): costs or damages arising more than 12 months after a Product Recall commences",
  "Competitor's Product (Part 1): loss from recall or defect of a competitor's product or similar products",
  "Contractual liability (Parts 1, 2, 3): liability assumed under contract except for compensatory damages attaching in absence of contract",
  "Change in Market Circumstances (Parts 1, 4): loss/costs from changes in customer tastes, competitive environment, economic conditions, population or seasonal sales variations",
  "Contamination (Part 1): loss from recall due to bioengineering, genetic modification, hormone treatment, irradiation, TSE, or carcinogens",
  "Foreign Judgments (Part 1): loss from legal proceedings outside the Territorial Limits",
  "Governmental Regulations (Part 1): intentional violation of regulations; change in regulations; banned products",
  "Insured Cross Claims (Part 1): liability of any Insured owed to any other Insured",
  "Natural Deterioration (Part 1): loss from natural deterioration, decomposition or chemical transformation (except where caused by manufacturing defect)",
  "Prior Known Defects (Part 1): loss from defects known or substantially the same as pre-Policy Period defects",
  "Re-design Costs (Part 1): cost to design, re-design, engineer, re-engineer, recalibrate or retool any Covered Product",
  "Shelf-Life (Part 1): loss due to expiration of designated life of Covered Product",
  "Prior known claims (Part 2): claims made or threatened before the Policy Period; claims arising from facts or circumstances noted on proposal or under prior policies; claims arising from facts or circumstances existing prior to Policy Period which Insured knew or reasonably should have known were likely to give rise to a claim",
  "Misdirection/mislaying of goods (Part 2)",
  "Intellectual property infringement (Part 2): patent, copyright, trade mark or trade name infringement",
  "Professional Services/Financial Default (Part 2)",
  "Personal Injury or Property Damage (Part 2)",
  "Product recall costs (Part 2)",
  "Director/secretary/officer duty breach (Part 2)",
  "Prospectus or public offering (Part 2)",
  "Insolvency, bankruptcy or liquidation (Part 2)",
  "Failure to effect or maintain insurance (Part 2)",
  "Duplication with other Parts/Coverage Sections (Part 2)",
  "12 Months Post Notice (Part 3): clean-up costs or loss incurred before or more than 12 months after first notice from enforcement authority",
  "Cyber (Part 3): clean-up costs or loss arising from use of computer systems as a means of intentionally causing harm or pollution",
  "Intentional Non-Compliance (Part 3): where Insured or Executive intentionally disregarded or deliberately, wilfully or dishonestly did not comply with law or regulation concerning health and safety or the environment",
  "Fines or penalties (Part 3): criminal fines, criminal penalties, criminal assessments or reparation orders",
  "Insured vs Insured (Part 3): claim by any Insured against any other Insured (except claims by third parties or indemnification between Named Insureds in an Insured Contract)",
  "Lead/Asbestos (Part 3): lead based paint, asbestos or asbestos containing materials in or on any building or structure (does not apply to remediation of soil, surface water or groundwater)",
  "Prior Known Contaminated Land (Part 3): contaminated land known before the Policy Period or previously identified by enforcement authority before the Policy Period; claims arising from same, related or continuous Pollution Incident reported under a prior policy",
  "Prior Occurring (Part 3): pollution incident or contaminated land where harm or significant possibility thereof existed or commenced before the Retroactive Date",
  "Radioactive and Nuclear (Part 3)",
  "Use and Sale of Insured Property (Part 3): material change in use; harm commencing after sale/lease/abandonment; redevelopment; underground storage tanks",
  "Voluntarily Incurred Clean-up Costs (Part 3): remediation not required by Environmental Laws",
  "War/terrorism (Part 3)",
  "30 Days Post Crisis (Part 4): crisis management costs incurred before or more than 30 days after the Crisis Event commences",
  "Industry Circumstances (Part 4): crisis event arising from circumstances affecting the industry as a whole",
  "Fraud by Executive (Part 4): crisis event arising from fraudulent act or omission by any Executive of the Insured",
  "Consequential Loss exclusions (Part 5): fines, penalties or liquidated damages; costs of repairing or replacing property; financial loss normally covered under Fire or Material Damage Business Interruption; extra costs of complying with Acts of Parliament, Regulations, Orders in Council, By-laws, NZ or International Standards or industry codes"
]
Not on file
aggregation basis Each Part carries its own Aggregate Limit specified in the Schedule: Product Recall Aggregate Limit (Part 1, regardless of number of Insureds, Product Recalls or Product Defects); Errors and Omissions Aggregate Limit (Part 2, regardless of number of Insureds or Claims); Environmental and Pollution Damage Aggregate Limit (Part 3, regardless of number of Insureds, Claims, Pollution Incidents or Insured Property identified as Contaminated Land); Crisis Management Aggregate Sub-Limit (Part 4, regardless of number of Insureds or Crisis Events); Consequential Loss limited to 90% of sum Insured in aggregate for the Policy Period (Part 5). Not on file
claims made trigger the Claim is first made against the Insured and notified to Underwriters during the Policy Period Not on file
gradual process handling Part 5 Consequential Loss: a Covered Event includes a Claim during the Policy Period in respect of which the Underwriters have accepted indemnity under the Employers Liability coverage section of this policy, which results in interruption or interference of the Insured's Business. Not on file
retroactive date handling Part 1: product first placed on the market in the territory after the Retroactive Date; Part 2: negligent act, error or omission occurs after the Retroactive Date; Part 3: Pollution Incident commenced after the Retroactive Date. Retroactive Date means the date specified as the Retroactive Date in the Schedule. Not on file
products liability bundled Yes. Product Recall (Part 1) and Errors and Omissions (Part 2) are included within this Food & Beverage Manufacturing General Liability Insurance policy wording alongside Environmental and Pollution Damage (Part 3), Crisis Management (Part 4), and Consequential Loss (Part 5). Not on file
investigation costs covered Part 2 Defence Costs means all reasonable legal costs and expenses incurred by or on behalf of the Insured with the prior written agreement of the Underwriters (not to be unreasonably withheld), in the investigation, defence, adjustment, settlement or appeal of any Claim. Part 3 Defence Costs means reasonable fees, costs and expenses incurred by or on behalf of the Insured, with Underwriters' prior written consent, in the investigation, defence, adjustment, settlement or appeal of any Claim for Loss. Not on file
business interruption inclusion Part 5 Consequential Loss: Underwriters will indemnify the Insured for Consequential Loss (including loss of Gross Profit and/or Increased Costs and Claims Preparation Costs) suffered during the Indemnity Period resulting from interruption to or interference with the Insured's Business caused by a Covered Event during the Policy Period in respect of which the Underwriters have accepted indemnity. Maximum indemnity is 90% of sum Insured in aggregate; maximum per claim is 40% of sum Insured during any 3 month period; Indemnity Period up to 12 months or such other period as specified in the Schedule. Not on file
contractual liability extension Part 1 and Part 2 both exclude liability assumed under contract or agreement, including liquidated damages, contractual fines or penalties, indemnities, or warranties/guarantees, except that the exclusion will not apply to liability for compensatory damages that would have attached in the absence of that contract or agreement. Part 3 similarly excludes contractual liability to pay Clean-up Costs or Loss assumed under a contract or agreement, unless liability would have attached in the absence of that contract. Not on file
occurrence basis vs claims made mixed Not on file
defence costs in or outside limit not_stated Not on file