Continuing in this series of the top 10 FAQs that UKTI receives, we’ll explore the next topic of UK/US trade:
Product Liability & Insurance
Due to the extent of litigation that occurs in the United States and its complex product liability laws, the number of UK insurers covering UK companies in the U.S. market is rapidly declining. UK companies can obtain insurance to do business in the United States through a U.S. insurer even if the company does not have a physical presence.
The National Association of Insurance Commissioners (NAIC) is the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators from the 50 states, the District of Columbia and five U.S. territories. Please view their website in addition to the 2013 Top 25 Groups and Companies: http://www.naic.org/documents/web_market_share_140303_2013_property_lob.pdf
Please be aware that some insurance companies may only work through an insurance broker. Here is a map of NAIC States & Jurisdictions: http://www.naic.org/state_web_map.htm
UKTI has partnered with a worldwide firm to produce a US Product Liability Law publication, which can be downloaded from the UKTI USA Publications page as an initial guide to U.S. rules and regulations.
Every situation is unique and may require review on a case-by case basis to ensure compliance. Please note that as a UK government agency UKTI is unable to provide legal advice, and any information provided here is strictly the result of secondary research and should be treated as such. For legal and general enquiries on this matter, please consult a certified lawyer.
Updated September 2014.
Topics: Finance, Insurance & Risk, and Protecting IP Abroad