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Reference

Prototype insurance glossary

The terms you will meet on prototype liability product pages, applications, policies, and certificates of insurance, each defined with a citation to the source of the definition.

Prototype insurance

There is no standard standalone product by this name. The term is used here for how prototype liability is typically addressed through commercial general liability insurance, and the question is whether prototypes fall inside the policy definition of your product.

Source: Risklytics: product liability for hardware startups; IRMI: commercial general liability policy (CGL)

Commercial general liability (CGL) insurance

Coverage designed to protect a business against a wide range of liabilities, centered on bodily injury and property damage claims from the business operations or premises, plus personal and advertising injury and products-completed operations.

Source: IRMI: commercial general liability policy (CGL)

Products-completed operations

One of the hazards ordinarily insured by a general liability policy. IRMI defines it as liability arising out of the insured products or business operations conducted away from the insured premises once those operations have been completed or abandoned.

Source: IRMI: products-completed operations

Premises and operations

The part of Coverage A that covers liabilities occurring on the business premises or as a direct result of its operations, from accidents inside the business facilities to damage caused by the business activities at a client site.

Source: IRMI: commercial general liability policy (CGL)

Pre-commercial product

A product not yet released for sale, including prototypes, pilot units, and R&D units. Policies written for finished goods can exclude pre-commercial products.

Source: Risklytics: product liability for hardware startups

Finished-goods policy

A policy written for products released for sale. Policies written for finished goods can exclude pre-commercial products, prototypes, and R&D units.

Source: Risklytics: product liability for hardware startups

Bodily injury

IRMI defines bodily injury as bodily harm, sickness, or disease, including resulting death.

Source: IRMI: bodily injury

Property damage

IRMI defines property damage, as defined in the general liability policy, as physical injury to tangible property including resulting loss of use and loss of use of tangible property that has not been physically injured.

Source: IRMI: property damage

Occurrence

In the CGL form, an accident, including continuous or repeated exposure to substantially the same general harmful conditions. Under an occurrence form, coverage applies to bodily injury or property damage that occurs during the policy period, regardless of when the claim is first made.

Source: IRMI: how the limits apply in the CGL policy

Claims-made policy

IRMI defines a claims-made policy as coverage triggered when a claim is made against the insured during the policy period, regardless of when the wrongful act that gave rise to the claim took place, subject to any retroactive date.

Source: IRMI: claims-made policy

Retroactive date

In a claims-made policy, the date before which wrongful acts are not covered. IRMI notes that when a retroactive date applies, the wrongful act that gave rise to the claim must have taken place on or after the retroactive date. The date itself is set in the policy declarations.

Source: IRMI: claims-made policy

Each occurrence limit

The most the insurer will pay for all damages paid within Coverage A, including all expenses paid within Coverage C, for any one occurrence. It is a sublimit in the sense that payments under it also reduce the applicable aggregate limit.

Source: IRMI: how the limits apply in the CGL policy

General aggregate limit

The most the insurer will pay during the policy period for damages under Coverage A, except damages arising out of products-completed operations, plus damages under Coverage B and expenses under Coverage C. Once exhausted, the insurer has no further obligation for claims within that limit for the rest of the policy period.

Source: IRMI: how the limits apply in the CGL policy

Products-completed operations aggregate limit

The most the insurer will pay during the policy period for damages because of bodily injury or property damage arising out of the products-completed operations hazard. It applies independently of the general aggregate limit, so damages paid under one do not reduce the other.

Source: IRMI: how the limits apply in the CGL policy

Additional insured

IRMI defines an additional insured as a person or organization not automatically included as an insured under an insurance policy who is included or added as an insured under the policy at the request of the named insured, commonly to comply with a contractual agreement.

Source: IRMI: additional insured

Certificate of insurance

IRMI defines a certificate of insurance as a document providing evidence that certain general types of insurance coverages and limits have been purchased by the party required to furnish the certificate. It is evidence of coverage, not the policy itself, and it does not add anyone as an insured.

Source: IRMI: certificate of insurance

Duty to defend

IRMI defines duty to defend as an insurer obligation to provide an insured with a defense to claims made under a liability insurance policy, generally broader than the duty to indemnify. The duty may exist even where coverage is in doubt and ultimately does not apply.

Source: IRMI: duty to defend

Vendors endorsement

An endorsement naming a distributor or reseller for claims arising from your product. It arrives once you sell through a channel.

Source: Risklytics: product liability for hardware startups

What this page relies on

  1. [1] Risklytics: product liability for hardware startups: https://www.risklytics.ai/guides/product-liability-for-hardware-startups/
  2. [2] IRMI: commercial general liability policy (CGL): https://www.irmi.com/term/insurance-definitions/commercial-general-liability-policy
  3. [3] IRMI: products-completed operations: https://www.irmi.com/term/insurance-definitions/products-completed-operations
  4. [4] IRMI: bodily injury: https://www.irmi.com/term/insurance-definitions/bodily-injury
  5. [5] IRMI: property damage: https://www.irmi.com/term/insurance-definitions/property-damage
  6. [6] IRMI: how the limits apply in the CGL policy: https://www.irmi.com/articles/expert-commentary/how-the-limits-apply-in-the-cgl-policy
  7. [7] IRMI: claims-made policy: https://www.irmi.com/term/insurance-definitions/claims-made-policy
  8. [8] IRMI: additional insured: https://www.irmi.com/term/insurance-definitions/additional-insured
  9. [9] IRMI: certificate of insurance: https://www.irmi.com/term/insurance-definitions/certificate-of-insurance
  10. [10] IRMI: duty to defend: https://www.irmi.com/term/insurance-definitions/duty-to-defend
A note on definitions: insurance terms take their meaning from the policy in which they appear. These entries summarize how cited sources define them; they are not legal advice.

Informational only. This site is an educational resource. It is not insurance advice and not an offer to sell insurance. Coverage descriptions summarize how prototype liability insurance is generally presented; actual coverage depends on the terms, conditions, limits, retentions, and exclusions of the policy as issued. For guidance about your situation, consult a licensed insurance professional or attorney.