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Warranty claims historically required privity between the injured party and the manufacturer or seller; in plain English, they must be dealing directly with one another. As noted above, this requirement was demolished in the landmark Henningsen case. Breach of warranty-based product liability claims usually focus on one of three types:
An extended warranty provides similar coverage beyond those time or mileage limits. Legally, only the original manufacturer can "extend" a warranty. Other providers often use the term "extended warranty" to refer to similar products, although technically they should be considered Vehicle Service Contracts rather than "warranties."
Depending on the terms of the contract, a product warranty may cover a product such that a manufacturer provides a warranty to a consumer with whom the manufacturer has no direct contractual relationship because it is purchased via an intermediary. A warranty may be express or implied. An express warranty is expressly stated (typically, written ...
For an express warranty to exist between a seller and a buyer, the following must occur. [2]First, a statement must be made. This statement could be made by making a promise with the buyer about the product/service being offered, giving the buyer a description of the product/service being offered, or by providing the buyer with a sample of the product/service being offered. [2]
In insurance, the insurance policy is a contract (generally a standard form contract) between the insurer and the policyholder, which determines the claims which the insurer is legally required to pay. In exchange for an initial payment, known as the premium, the insurer promises to pay for loss caused by perils covered under the policy language.
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The primary reason for professional liability coverage is that a typical general liability insurance policy will respond only to a bodily injury, property damage, personal injury or advertising injury claim. Other forms of insurance cover employers, public and product liability. However, various professional services and products can give rise ...
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