Last month, the solar eclipse captivated the United States and many consumers flocked to purchase solar eclipse glasses to safely observe the astronomical phenomenon. We previously reported how NASA issued a safety alert advising consumers on the proper eye protection they should seek. Now, some consumers have filed a class action lawsuit against a major online retailer for allegedly selling “unfit, extremely dangerous, and/or defective” solar eclipse glasses. As a result, the consumers allege “varying degrees of eye injury ranging from temporary discomfort to permanent blindness.”
Continue Reading Recall Roundup: September

This past week, the CPSC released safety tips for fidget spinners. Although the CPSC still reports no fidget spinner recalls, the Acting Chairman used the CPSC’s pulpit to warn of the choking dangers that result when fidget spinners break and release small pieces.
Continue Reading Recall Roundup Update: Fidget Spinners and Eclipse Glasses

In late May 2017, the American Law Institute met to approve the Proposed Final Draft of the first ever Restatement of the Law, Liability Insurance—the culmination of over seven years of work on this project. Not surprisingly, many of the issues discussed in the Restatement have been hotly contested by insurers. The proposed Restatement is important for retail industry insureds because courts around the country may look to this new Restatement in ruling on common insurance coverage disputes arising out of product liability actions, recalls and environmental contamination. For example, some of the most hotly debated sections of the proposed Restatement include, (1) policy interpretation principles, such as when a term is deemed ambiguous; (2) the standard for determining the insurer’s duty to defend; (3) the insurer’s duty to make reasonable settlement decisions; and (4) the allocation of liability in long-tail environmental claims.
Continue Reading The Restatement of the Law, Liability Insurance and Impact on Retail Insureds

Many retailers today face an increasing risk related to product recalls, which can result in extensive losses and a variety of liability claims. Hunton and Williams LLP’s Insurance Coverage attorneys recently authored an article in which they address New York law on rescission and steps that can be taken to avoid rescission. This blog post contains a link to the full article.
Continue Reading Steps to Avoid Rescission of Recall Insurance Policies