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Negligence Ruled Out In Global Manufacturer Product Failure & Defect Liability Claim

Overview Of Claim
Empathy Claims was hired by a well-known insurance carrier to investigate a claim involving their insured, a global manufacturer and distributor of chemical coating products. The company was being held responsible for an end user’s property becoming uninhabitable due to product failure and manufacture’s defect. Due to the complexity of the claim, the insurance company placed their trust in Empathy Claims’s team of highly experienced, independent claims adjusters to manage the investigation in order to determine if any liability should be placed on the maker of the chemical coatings product for the damage that resulted to the property in question.    

Independent Liability Claims Adjusters
Immediately after coming onto the case, a top priority for Empathy Claims was to establish that the chemical coating product was produced properly by the insured manufacturer. Through authorized efforts beyond what is considered traditional claims handling, the Empathy Claims team was able to show that the product was manufactured to industry standards and handled accordingly through to delivery of the product to the end-user.

Claim Investigation Results
After providing a strong defense that the chemical coating product was manufactured correctly, the Empathy Claims team then focused on the how the product was managed by the people who handled and applied it on the property that was later deemed uninhabitable.

Through the establishment of a detailed timeline of events beginning with the tracing of the specific product batch, the Empathy Claims adjusters were able to sequence all outside influences on the insured’s product after it left the manufacturing facility.  As a result of this analysis, while the failure of the product remained in question, it was clear that the handling and application of the chemical coating by the end user was the reason for the property becoming uninhabitable. Based on these findings, Empathy Claims recommended that the insurance carrier deny the claim while placing another party on notice for the loss.

Independent Product Defect Claims Adjusters
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Since 1994, Empathy Claims has been committed to helping our insurance company and self funded entity clients with all of their claims adjusting and investigation needs. This case study illustrates the high level of quality, independent adjusting services that we can offer to our insurance carrier clients. When it comes to adjusting complicated product liability claims, you can count on our team to put our extensive knowledge and experience to work on your behalf. Contact us today to learn more about how Empathy Claims can be a strong advocate out in the field for your company’s claim operations.

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