Orange County NC Website
COMMERCIAL GENERAL LIABILITY <br />CGL 088 (02 21) <br />CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 14 <br />Copyright 2020 FCCI Insurance Group <br />3.For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In <br />The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV COMMERCIAL <br />GENERAL LIABILITY CONDITIONS: <br />e. Duties In The Event Of A "Defect" Or A "Product Withdrawal" <br />(1) You must see to it that we are notified as soon as practicable of any actual, suspected or <br />threatened "defect" in "your products", or any governmental investigation, that may result in a <br />"product withdrawal". To the extent possible, notice should include: <br />(a) How, when and where the "defect" was discovered; <br />(b) The names and addresses of any injured persons and witnesses; and <br />(c) The nature, location and circumstances of any injury or damage arising out of use or <br /> <br />(2) If a "product withdrawal" is initiated, you must: <br />(a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; <br />(b) Send us written notice of the "product withdrawal" as soon as practicable; and <br />(c) Not release, consign, ship or distribute by any other method, any product, or like or similar <br />products, with an actual, suspected or threatened defect. <br />(3) You and any other involved insured must: <br />(a) Immediately send us copies of pertinent correspondence received in connection with the <br />"product withdrawal"; <br />(b) Authorize us to obtain records and other information; and <br />(c) Cooperate with us in our investigation of the "product withdrawal". <br />4.For the purposes of this Coverage F, the following definitions are added to the Definitions Section: <br />a. <br />b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has <br />caused "bodily injury" or physical injury to tangible property. <br />When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be <br />limited to those batches of "your product" which are known or suspected to have been tampered with. <br />c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain <br />"your products", from the market or from use, by any other person or organization, because of a <br />known or suspected "defect" in "your product", or a known or suspected "product tampering", which <br />has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. <br />d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below <br />paid and directly related to a "product withdrawal": <br />(1) Costs of notification; <br />(2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; <br />(3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your <br />employees, including costs of transportation and accommodations; <br />(4) Costs of computer time; <br />(5) Costs of hiring independent contractors and other temporary employees; <br />(6) Costs of transportation, shipping or packaging; <br />(7) Costs of warehouse or storage space; or <br />DocuSign Envelope ID: 916066C3-990F-4046-B4DC-AA0CD8CDFB42