50 Neb. L. Rev. 415 (1970-1971)
Insurance Protection for Products Liability and Completed Operations - What Every Lawyer Should Know

handle is hein.journals/nebklr50 and id is 431 raw text is: INSURANCE PROTECTION FOR PRODUCTS
Roger C. Henderson*
There have been many recent changes in the field of tort law,'
but none as personal and important to each member of our so-
ciety as the changes in tort liability theories for injuries associated
with products and related services. It is difficult, if not impossible,
to conceive of an individual in America today who is not exposed to
some serious risk of injury from such a source, and, of course, the
source is likewise exposed to a correlative liability. It is this
latter exposure and the means of protecting against it that is the
subject of this article.
Although trial lawyers and judges are the natural objects of
an article dealing with anything so fraught with litigation, it is
hoped that the office practitioner will also find this of value in the
way of preventive law practice. Certainly not every manufacturer
that is sued on a products liability theory is a giant automobile
manufacturer or chemical company in a distant location. There
are many small and medium size manufacturers, not to mention
wholesalers and retailers, whether in the form of sole proprietor-
ships, partnerships or corporations, that are subject to suits for
products liability. One wonders how many of these entities are
aware of the extent of their exposure and whether they are prop-
B.B.A., 1960, University of Texas; LL.B., 1965, University of Texas;
LL.M., 1969, Harvard. Member of the Texas and American Bar Associa-
tions. Associate Professor of Law, University of Nebraska.
See R. KEETON, VENTUmIG To Do JusicE. (1969).
2 This exposure has but recently been labeled products liability. As
long as the basis of liability of the source of the product was restricted
to negligence, the victim's cause of action was merely another personal
injury or property damage suit, and seemed to call for no special
name to distinguish it. Even the early food cases, e.g., Jacob E. Decker
& Sons, Inc. v. Capps, 139 Tex. 609, 164 S.W.2d 828 (1942), which recog-
nized strict liability against the manufacturer without regard to priv-
ity, were not given a special name. With the advent, however, of
strict liability as to defective products, whether one talks in terms of
warranties or RESTATEMENT SECOND OF TORTS  402A (1965), (see
Greenman v. Yuba Power Products, 59 Cal. 2d 57, 63, 27 Cal Rptr. 697,
701, 377 P.2d 897, 901 (1962)), the term products liability developed
to denote, not necessarily a particular theory of action since all three
theories are subsumed by the term, but a certain class of cases in-
volving the marketing of unreasonably dangerous products. The term
Products Hazard has been used in insurance policies to denominate
the applicable coverage, regardless of theory of liability.

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