ICA Risk Management Recovered A Previously Denied Claim
Client Received Its Rightful Compensation
ICA was retained by a manufacturer of rectifiers & component parts who was sued for breach of warranty.
The Plaintiff claimed that one of their products allegedly never worked properly, causing the end purchaser to sustain a business loss.
ICA’s Client believed that breach of warranty was not covered under a CGL policy so they did not submit the complaint to the carrier. Six months and heavy legal fees into the litigation, ICA’s Client ultimately submitted the claim.
The claim was denied because:
- No cause of loss was alleged
- As well as denial for late reporting.
ICA successfully rectified the claim and convinced the carrier that, irrespective of the allegations of the complaint, an investigation would prove that (at least part of) the claim should be covered. The argument that the ICA team made on the client’s behalf was that “products liability” is not subject to the “impaired property” exclusion.
Thanks to ICA Risk’s investigative work, the Carrier provided defense & indemnity despite the late notice.
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ICA’s Client Successes