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WCM to Co-Host October 12 Product Recall Webinar

September 16, 2020

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<p style="text-align: center;"><strong><em>Total Recall: An In-Depth Look At Issues </em></strong></p>
<p style="text-align: center;"><strong><em>That Arise With Product Recall Policies</em></strong></p>
Bill Johnstone and Matthew Hagan of Johnstone Partners, <a href="https://johnstone-partners.com/">https://johnstone-partners.com/</a>, and Bob Cosgrove and Colleen Hayes of Wade Clark Mulcahy, LLP, <a href="https://www.wcmlaw.com/">https://www.wcmlaw.com/</a>, are pleased to invite you to a product recall webinar on Monday, October 12, 2020 at 11 a.m. EST. This webinar will take an in-depth look and discuss, from both a legal and expert perspective, a variety of topical and complex issues that tend to arise in connection with product recall policies.<span>  </span>Specifically, the webinar will address:

<strong><u>Fashion Before Function in Wordings</u></strong>

We will first venture into a comparative analysis of the Customer Loss Of Profit Endorsement and the Recall Liability Endorsement.<span>  </span>We will delve into a discussion regarding the distinction of these two separate endorsements, as well as a discussion regarding their potential coverage for commonly claimed customer lost profits.

<strong><u>Life in the Grey Area</u></strong>

Second, we will address the ever-present question of what constitutes “property damage” under a product recall policy, especially if no harmful trigger language is included.<span>  </span>We will also discuss the interplay between “property damage” coverage under a product recall policy and a commercial general liability policy -- given that CGL policies typically broadly define “property damage”.

<strong><u>Loose Lips Sinks Ships</u></strong>

Next, we will address how an insured advertises its product could potentially impact coverage when a claim is made under a product recall policy.

<strong><u>Gordon Gekko’s Quality Assurance Programme</u></strong>

Finally, no discussion in 2020 would be complete without some discussion on how COVID may potentially impact coverage.<span>  </span>In this webinar, we will address the coverage implications if an insured’s quality control processes are impacted by the realities of COVID and no longer comport with underwriting’s understanding of these processes, at the time the policy was placed.

If you have interest in attending this webinar, you can register at: <a href="https://zoom.us/meeting/register/tJMsfuCoqjsqGdbBEDfjy0LSwen2tSexs26W">https://zoom.us/meeting/register/tJMsfuCoqjsqGdbBEDfjy0LSwen2tSexs26W</a>.<span>  </span>You can also contact Bob at <a href="mailto:rcosgrove@wcmlaw.com">rcosgrove@wcmlaw.com</a> for more information.<span>  </span>The webinar is approved for CLE credits in NY and CE credits in North Carolina with Texas and California CE credit approval pending.

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