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Insurance Claim – Product Liability

By: Derek Hawkins//October 8, 2019//

Insurance Claim – Product Liability

By: Derek Hawkins//October 8, 2019//

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7th Circuit Court of Appeals

Case Name: Lexington Insurance Company v. Hotai Insurance Company, LTD., et al.

Case No.: 18-1141

Officials: BAUER, HAMILTON, and BARRETT, Circuit Judges.

Focus: Insurance Claim – Product Liability

Zurich Insurance (Taiwan), Ltd., and Taian Insurance Company, Ltd., are insurance companies based in Taiwan. Each provided worldwide products-liability insurance coverage to two Taiwanese companies that supplied parts and inventory to Trek Bicycle Corporation, which is based in Wisconsin. As part of their agreements with the Taiwanese companies, Zurich and Taian both recognized Trek as an additional insured covered by their policies.

On the basis of that additional-insured status, Trek’s primary insurer, Lexington Insurance Company, which is based in Massachusetts, sued Zurich and Taian in Wisconsin seeking indemnification for a products-liability settlement paid on Trek’s behalf involving an accident that took place in Texas. The district court correctly concluded that it lacked personal jurisdiction over Zurich and Taian, so we affirm its dismissal of the case.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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