Jason McNerlin

Experience

  • I have specialised in product recall for more than 15 years, have drafted numerous recall and contamination policies, and regularly advise domestic and international insurers on policy validity and coverage issues arising from major product recalls and other incidents.
  • In addition, I have extensive experience of UK and international product liability, including policy coverage, defence, and recovery actions.
  • In relation to food products, I have advised insurers on claims involving all contamination/recall policy event triggers used in the market, including accidental contamination, government recall, adverse publicity, malicious tampering, and extortion.
  • I also regularly advise on automotive recall losses, and liability and coverage issues in claims arising from alleged defects in engines, steering, and other systems and components.
  • My other experience includes recall and liability claims involving pharmaceuticals, toys, cosmetics, industrial machinery, and other products.
  • I am consulting editor of, and contributor to, the comparative legal text Product Recall, Liability and Insurance: a Global Guide (Globe, 2012), and regularly provide training to the product recall and liability insurance markets.

My experience includes advising on liability and insurance coverage issues in relation to the following UK and international product losses and claims:

  • Auto component defects and international recalls – expert witness (coverage) in French litigation concerning issues of supply chain liability and recall insurance coverage
  • Major food recall claim involving Salmonella in a third party ingredient – advising on issues of coverage (including liability) and recovery (UK/Central America)
  • Listeria in a USA food production facility, followed by product recalls and voluntary shutdown –coverage (including liability)
  • Cosmetic products (UK) – advising on liability, including compliance issues under EU law
  • Multiple unrelated cases involving auto and food recall policies and issues of pre-existing circumstances/non-disclosure (UK, US, Canada)
  • Allegedly defective new processing line resulting in downstream food recalls (Australia/New Zealand) – advising on product liability coverage under local and master policies 
  • International campaign to address alleged defects in industrial lifting equipment – recall coverage
  • Vegetable produce allegedly affected by multiple issues including mislabelling and adulteration by Listeria (Canada/USA) – coverage
  • Supplies of food ingredients affected by excessive pesticide residue and undeclared peanut – UK recovery actions
  • Automotive component defect recall and related warranty litigation in Germany – coverage (including liability)
  • Major European confectionery recall due to suspected Salmonella – coverage
  • Global recall of defective toys – coverage
  • Recall of unstable pharmaceuticals (USA) – coverage and liability
  • Accumulated automotive component warranty issues in the USA – coverage (including liability)
  • Suspected unauthorised interference with pharmaceuticals (Australasia) – coverage
  • Multiple unrelated fruit product withdrawals due to alleged microbial issues (South America, Australia) – coverage
  • Major dairy food product loss due to alleged foreign material in new production line (New Zealand) – coverage
  • The North American "cumin recalls" arising from undeclared allergens – coverage
  • The European "horsemeat scandal" – coverage

Membership/appointments

I am the consulting editor of, and contributor to, the textbook “Product Recall, Liability and Insurance – a Global Guide” (2012).

I have worked on secondment to a Lloyd’s syndicate, and am a member of BILA (British Insurance Law Association).

Contact Details


+44 20 7865 3427
jason.mcnerlin@blmlaw.com
vCard


Testimonials


‘The [Product Liability] team led by Jason McNerlin is well known and highly regarded for product liability matters. They cover a great range of industries and they are absolutely outstanding in the insurance sector. Furthermore, the firm has maintained an excellent quality of work during the pandemic.’

Legal 500 2022 - Product Liability: Defendant (London)

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