Define: Sistership Exclusion

Sistership Exclusion
Sistership Exclusion
Quick Summary of Sistership Exclusion

Some insurance policies have a provision known as sistership exclusion or recall exclusion, which states that damages resulting from a known or suspected issue that leads to the removal of a product or work from the market will not be covered. Essentially, if a product is found to be defective, any resulting damage will not be covered by the insurance policy.

Full Definition Of Sistership Exclusion

A sistership exclusion is a provision found in certain commercial general liability policies. It states that damages arising from the withdrawal, inspection, repair, replacement, or loss of use of the insured’s product or work are not covered if the product or work is recalled from the market due to a known or suspected defect or deficiency. For instance, if a company recalls a toy because it has a defect that could harm children, they may not receive coverage for any resulting damages or losses if they have a sistership exclusion in their liability policy. This example demonstrates how a sistership exclusion can restrict the coverage provided by an insurance policy for expenses related to a product recall. Consequently, the company may have to bear the financial burden of the recall themselves instead of relying on their insurance policy for assistance.

Sistership Exclusion FAQ'S

The Sistership Exclusion is a legal doctrine that prevents a vessel owner from recovering damages from another vessel owned by the same person or entity.

The doctrine exists to prevent vessel owners from using multiple vessels to recover damages from insurance companies or other parties.

Yes, the doctrine applies to all types of vessels, including ships, boats, and other watercraft.

Yes, the doctrine can be waived if the vessel owner can prove that the two vessels are separate entities with separate ownership and management.

If the doctrine is not enforced, vessel owners could potentially use multiple vessels to recover damages from insurance companies or other parties, leading to fraudulent claims.

Yes, the doctrine can be challenged in court if the vessel owner can provide evidence that the two vessels are separate entities with separate ownership and management.

No, the doctrine only applies to vessels owned by the same person or entity.

No, the doctrine cannot be applied retroactively to past incidents.

There are no exceptions to the doctrine, but it can be waived if the vessel owner can prove that the two vessels are separate entities with separate ownership and management.

The doctrine is an important aspect of maritime law as it helps prevent fraudulent claims and ensures fair compensation for damages.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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