Failure to operate insurance

[Selfmade]

Hi folks. Last few years I have had to insist to my insurance broacher that I need failure to operate insurance for smoke alarms as well as the standard public liability insurance. Now they are saying all the insurers they work with specifically have a 'product failure exclusion'. I think it was discussed on here some years ago and concluded that anyone installing smoke alarms needed this cover. So has anyone else encountered this problem? If you have failure to operate cover, where did you get it? And is it really necessary if only installing Category LDX systems that are meant only to protect life and not property?

P.S. sorry I hardly ever post these days, busy with so many things!

 

[Risteard]

Does this come under your standard Products Liability insurance?

 

[Selfmade]

Does this come under your standard Products Liability insurance?

I would not think so as they are specifically excluding it - "Z013 - Inefficacy Exclusion (Alarms)
We will not provide indemnity in respect of liability arising from the failure or alleged failure of any fire or intruder alarm to warn of fire or smoke or intrusion.
This Endorsement is applicable to the following Trades: Alarm Installation"

 

[James]

Is this one of those things where your argument is that you purchased materials in good faith, installed them correctly and if they fail, any liability you or your insurance may have is passed on to the manufacturer?
therefore you may not need to be insured against failure to operate because if it has failed to operate as it should, the liability is with the manufacturer.
if it fails because it was installed incorrectly, your liability insurance should cover you?

 

[Selfmade]

Is this one of those things where your argument is that you purchased materials in good faith, installed them correctly and if they fail, any liability you or your insurance may have is passed on to the manufacturer?
therefore you may not need to be insured against failure to operate because if it has failed to operate as it should, the liability is with the manufacturer.
if it fails because it was installed incorrectly, your liability insurance should cover you?

It could be. Although to my mind the clause does seem to indicate that if they failed to operate due to faulty work on my part I still wouldn't be covered.

Personally if anyone tried to claim for damage to property resulting from failure to operate, I would be arguing that the system was never designed or marketed to protect property, only life, but then what if they claimed for injury or death?