Zionsville, IN asked in Personal Injury and Products Liability for California

Q: Would it be a conflict of interest if the Insured does it's own inspection of it's own product/packaging?

I'm a third party claimant in a Product Liability claim. My claim is not based on the product but the packaging of the product. My first email response from the insured was that they were going to reach out to their supplier to have the problem fixed. The Insured sent the claim over to his insurance company and the claims adjuster wanted me to send the packaging to the Insured for the Insured to inspect it's own product packaging. The Insured did a "visual inspection" and a few days later the claim was denied. Wouldn't this be a conflict of interest?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Products Liability Lawyer
  • Little Neck, NY

A: A California attorney could advise best, but your post remains open for a week. On my own cases, I generally request independent verification, testing, or inspection of important elements of a case. You could review the file with an attorney to identify your options, and whether litigation or arbitration would be viable here. Good luck

Tim Akpinar

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