In response to your question about claim under your insurance policies i.e. Product Contamination & Recall and Product Liability, firstly please be advised that both policies have deductible USD200,000 for each and every loss. This means CMC would have to be responsible for the amount of claim up to USD200,000 then the policy will cover the amount over the deductible. However, it is recommended that you keep us informed of potential claim as soon as practicable regardless of the amount so that we could monitor with you if claim could develop to higher amount and notify the case to the insurer at further step. In this case, it’s good that you notified the circumstance to us without delay.
Based on information provided, it’s good that you have records about product quality & safety standard. However, it’s also useful if we could have more information about the illness of this customer for further investigation if it’s actually caused by your products. Because, in some case the product itself may not have any problem about its defects / safety but it still causes illness to consumer because of particular health problem of the person who consumed such products. In such case, we will need to investigate further if there’re sufficient warnings or instructions on the product otherwise it’s still possible for allegation against manufacturer for failure to warn. So, please advise if the customer has submitted complaint in writing or provide any evidence to prove that his illness was really caused by your products. Also, please advise if the customer has requested for compensation or stated any intention to have WinCo Foods responsible in this case. Moreover, please check what action /response to the customer that WinCo Foods has already taken.
If we are looking at compensation to the customer for his illness caused by the product, this would be relating to “Products Liability Insurance”. Normally, insurer will need as much information as possible about the illness of the customer as aforementioned and loss adjuster may be appointed for further investigation. The investigation may include interviewing the customer about his illness, to obtain information from his doctor / hospital to determine if the illness is actually caused by the product and whether claim would be triggered under the policy. Whereas, Product Contamination & Recall would cover the case when you need to recall products from shelves because there’re circumstances of potential claim from Accidental Contamination, Product Tampering or Product Extortion. So, from the information provided, we do not yet see any reference about product contamination and apparently recall process has not yet been done, has it? As such, it seems the case may involve products liability claim only and the policy will cover or not is depending on the amount of claim whether it exceeds USD200,000.