Moon Insurance Managers, Inc. Tel. (281) 484-8320

Moon Insurance Managers, Inc. · TDI license #5595

Product Liability Insurance in Houston, TX

A product can leave your building without leaving your balance sheet. For many businesses that exposure already begins inside commercial general liability insurance, as products-completed-operations coverage — so a separate product liability policy is not automatically the right answer. Finding out which it is starts with the product, not the policy label.

  • 41years in Houston
  • 20+markets compared
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  • #5595TDI license

First question

Where does product liability sit today?

The useful questions are more specific than the policy name: what the business designed, made, assembled, imported, labeled, distributed, installed or sold; where the product travels; who uses it; what the contracts require; and what the current policy leaves out.

So start with the current CGL declarations and the forms attached to them. Look for:

  • A products-completed-operations aggregate — the separate limit alongside the general aggregate.
  • Product or class exclusions — endorsements naming a product, a component or a class and taking it back out.
  • Where coverage applies — the territory wording.
  • Occurrence or claims-made wording, and any retroactive date printed with it.
  • Treatment of discontinued products — the line you stopped making that customers still use.
  • The limits and endorsements your contracts require, vendors coverage and additional-insured wording included.

The presence of a products aggregate does not prove that every product or every territory fits. It tells you where to begin reading.

For a straightforward domestic business with an eligible product, the existing CGL may well be the right structure. A specialty review matters more when the product, injury severity, sales, countries, contracts, exclusions, loss history or coverage timing no longer fit that ordinary answer.

Source: TDI — commercial general liability insurance guide. Verified .

Your role decides the questions

Follow the product through the supply chain

Underwriters need the business’s exact role, not “we sell products.” The same item raises different questions depending on where you stand in the chain:

Design or manufacture Specifications and testing
Who chose the materials, specifications, tolerances, warnings and intended use? Who tests the finished product?
Assemble or package Components and traceability
Which components arrive from others, and which controls confirm that a finished unit can still be traced?
Import Foreign supplier and records
Who selected the overseas supplier, verifies certifications and receives quality records — and who answers if the foreign manufacturer is unavailable?
Private label Whose name is on it
Whose name is on the product, and who controls the design, instructions, warnings, packaging and customer representations? A private label is an important underwriting fact. It does not decide legal status by itself.
Distribute, wholesale or retail Title and contracts
When does the business take title, which suppliers stand behind the product, and what do the customer contracts require?
Install or repair Product or completed work
Does the exposure come from the product, from the completed work, or from both?

If the whole business problem is the plant, the machinery, the stock, the utilities, the people, the vehicles and the continuity around making the product, that is insurance for manufacturers. If the operating problem is inventory ownership, warehousing, imports and delivery, that is insurance for wholesalers and distributors. This page owns the product-harm question inside either of those larger programs.

Why the role matters

In Texas, “we did not make it” is not the whole answer

Texas law defines manufacturers and commercial sellers, and gives qualifying nonmanufacturing sellers a conditional protection. That protection has exceptions — circumstances involving design, alteration, installation, warnings, representations, knowledge of a defect, and whether the manufacturer is available to a Texas court. The statute also addresses manufacturer indemnity in specified circumstances.

Read that in both directions. It does not mean every seller is automatically liable, and it does not mean a distributor can ignore the exposure. What it means for insurance is narrower: the submission should describe the business’s role accurately, because the role is an underwriting fact.

This page provides general insurance information, not legal advice. Legal counsel interprets the statute and the contracts against your facts; nothing here assesses anyone’s liability.

Source: Texas Civil Practice and Remedies Code — Chapter 82 (§§ 82.001–82.003). Verified .

Third-party harm

What product liability is designed to address

Product liability inside a CGL policy is principally a third-party question. Two things sit at its center:

Someone else is hurt Third-party bodily injury
A user or a bystander alleges that the product caused physical injury after it left the business.
Someone else’s property is damaged Third-party property damage
A product allegedly damages other property after the sale, or after the work was completed.

That is a different problem from the cost of fixing or replacing the business’s own defective product. TDI explains that a commercial general liability policy generally does not cover damage to the insured’s own product arising from the product itself. Defective inventory is a real cost; it is not what this coverage is aimed at.

It is also different from a warranty or guarantee that the product will perform as promised. Professional design errors, pollution, contamination, cyber harm and pure financial loss each raise their own coverage questions. The label “product liability” should not be stretched to answer them.

Source: TDI — commercial general liability insurance guide. Verified .

The gap people find late

Product liability and product recall are not the same coverage

A product-injury claim, the cost of replacing defective inventory, and a product recall are three separate insurance problems — frequently discussed as one, which is how a business ends up assuming it has an answer it never bought.

Standard CGL generally does not pay the cost of withdrawing a faulty product, work or impaired property from the market. Recall coverage may be available by endorsement or under a separate policy, depending on the product and the market.

A recall form can address specified first-party costs — withdrawal, inspection, notification, disposal, replacement, crisis response, business impact — but only when its own trigger and terms are satisfied. Do not assume every recall, voluntary withdrawal, regulatory action, lost sale or reputational cost falls inside one.

If recall expense is part of what worries you, say so at the beginning of the conversation rather than at the end. It needs its own answer.

Source: TDI — commercial general liability insurance guide. Verified .

What the paperwork moves

Contracts can move obligations without rewriting the policy

Customer and supplier agreements routinely contain:

  • Indemnity or hold-harmless language, in one direction or both.
  • Required product-liability limits.
  • Vendors coverage for a customer reselling what you supply.
  • Additional-insured requirements, sometimes with wording named.
  • Insurance requirements for a contract manufacturer or a component supplier further up the chain.
  • Territory, governing-law or reporting requirements.

Those provisions can allocate contractual obligations between the parties. What they cannot do is automatically rewrite the insurance policy. The CGL form can restrict contractual liability and define which agreements qualify as insured contracts, and that definition does not move because a contract says otherwise.

A certificate of insurance is evidence that a policy exists. It does not create indemnity, additional-insured status, or coverage. Legal counsel should read the agreement; the licensed agent should read the policy and its endorsements.

Source: TDI — commercial general liability insurance guide. Verified .

Coverage timing

Products can outlive the policy year

A product can stay in a customer’s hands long after the policy that was in force on the day it shipped has expired. That makes coverage timing a real question rather than an administrative one.

Occurrence coverage When the harm happened
Generally looks to when the bodily injury or property damage occurred, subject to the policy terms — which can be years after the sale.
Claims-made coverage When the claim arrived
Depends on when the claim is made and on the policy’s retroactive and reporting provisions. A move between forms, a gap in dates, or a discontinued line can change the analysis.

Have prior policies, retroactive dates, acquired product lines and discontinued products identified before changing anything. Which form is right is a fact-specific decision, not a universal preference.

Source: TDI — commercial general liability insurance guide. Verified .

If the product is regulated

Importing or selling a regulated consumer product

Regulated consumer products can bring certification, testing, recordkeeping and reporting duties with them. For covered general-use products, CPSC identifies manufacturers and importers as the parties responsible for certification. Whether testing, certification, reporting or electronic filing applies depends on the product and on the rule in force — these requirements reach covered products, not every item sold.

Insurance does not replace testing, certification, defect reporting or recall planning. Tell the agent what regulates the product, and have legal or compliance counsel confirm what the business owes.

Sources: CPSC — general-use products: certification and testing; CPSC — certificates. Verified .

Have these ready

What to have ready for the first conversation

Start with the product and the business’s role — that is enough to open the conversation. For the licensed-agent call that follows, it helps to know:

  • The product list, its intended use, and its intended end users.
  • Your role in the chain — designing, manufacturing, fabricating, assembling, importing, private labeling, distributing, wholesaling, retailing, installing or repairing — and whose name or brand appears on the product.
  • Contract manufacturers, component suppliers and countries of origin.
  • Annual sales by broad product group, and the states or countries where the products are sold.
  • Channels — online, wholesale, retail and export — and the highest-severity foreseeable use or failure.
  • Testing, inspection, quality-control, certification and traceability practices.
  • Warnings, instructions, manuals, warranties, and how design review works.
  • Previous claims, known defects, withdrawals and recalls, at a high level — better discussed than discovered.
  • Discontinued products, acquired product lines and retained liabilities.
  • Customer and supplier requirements — indemnity, hold-harmless, vendors coverage, additional-insured wording and required limits.
  • The current CGL basis, products aggregate, exclusions and any retroactive date, plus whether recall expense is part of the concern.
  • Requested limits, the effective date, and any certificate deadline.

The public form only starts the conversation. Do not send confidential formulas, proprietary designs, customer lists, bank or payment information, Social Security numbers, detailed legal files or full claim documents through it. If we need documents, call (281) 484-8320 and staff will give you an approved transfer method.

No obligation

Start with the product, not a policy label

Tell us what the product is, how it is used, whose name appears on it, where it is made and sold, and what the customer contract asks for. That is enough to start working out whether the exposure belongs inside the current CGL or needs a specialty products or recall review, and we can help identify the questions the submission will need to answer. The phone is fastest: (281) 484-8320, or use the form below. The Houston office is on FM 1959, on the southeast side.

Already a Moon customer who needs evidence of existing coverage? That is the certificate of insurance request desk. A certificate reflects the policy; it does not create or change coverage.

Monday to Thursday, 9:00 to 5:00; Friday, 9:00 to 4:00. 360 FM 1959, Houston, TX 77034. Policies written statewide — you do not have to be local.

Keep this to the basics — no contracts, loss runs, employee names, or incident details. Those come later, on the phone or through a secure route we will name.

Common product liability questions

Is product liability separate from general liability?

Often it is not. Products-completed-operations coverage is commonly part of a commercial general liability policy. Some products, exclusions, contracts, limits, territories or continuity needs can require a separate or specialty placement.

Who should have a product exposure reviewed?

Designers, manufacturers, assemblers, importers, private-label businesses, distributors, wholesalers, retailers and installers should disclose their exact role. The same product produces different underwriting questions at different points in the chain.

Can a Texas distributor be involved in a product claim if it did not make the product?

Yes, it can be named or otherwise involved. Texas law gives qualifying nonmanufacturing sellers conditional protection, not blanket immunity. Whether a statutory exception applies requires legal analysis. This page does not make that determination.

Does product liability pay to replace my defective product?

Generally no. CGL product coverage focuses on covered bodily injury or property damage to others. TDI explains that damage to the insured’s own product arising from the product is not covered by a commercial general liability policy.

Does product liability cover a recall?

Standard commercial general liability generally does not pay recall or withdrawal costs. An endorsement or a separate recall policy may address specified first-party costs, subject to its own trigger, exclusions, limits and terms.

What is the difference between occurrence and claims-made coverage?

Occurrence coverage generally looks to when the injury or damage occurred. Claims-made coverage depends on when the claim is made and on its retroactive and reporting terms. Continuity matters when products remain in use or a product line has been discontinued.

Does importing or private labeling change the insurance questions?

Yes. Who designs, tests, certifies, imports, labels, warns and contracts for the product are material underwriting facts. Those facts do not decide the business’s legal status by themselves.

Does a supplier’s certificate transfer the product risk?

No. A certificate shows information about a policy; it does not create coverage. The contract, the indemnity wording, the endorsements and the actual policies control.

Moon Insurance Managers, Inc. — 360 FM 1959, Houston, TX 77034 — (281) 484-8320