
Product Liability in California
California's general civil-injury statute provides two years for an action for injury or death caused by another's wrongful act or neglect. In covered comparative-fault cases, each defendant is severally liable for its proportionate share of non-economic damages. These rules are legal context only; they do not set insurance limits or establish which policy pays.
What Is Product Liability Insurance?
Product liability can cover claims that a product you make, import, distribute or sell injured someone or damaged property. If your business handles products, describe every role in the supply chain and ask how the quote treats product damage and recall costs. Read the national Product liability guide.
What to Watch for With Product Liability in California
Preserve injury and reporting dates
California Code of Civil Procedure § 335.1 sets two years for an action for injury to, or death of, an individual caused by another's wrongful act or neglect. The statute does not by itself decide how a particular product claim accrues or which policy year responds. Record when the incident, injury, and claim notice occurred, then ask the broker to review the wording. 1
Review how damages are divided among defendants
Civil Code § 1431.2 makes each defendant severally liable for its comparative-fault share of non-economic damages in covered personal-injury, property-damage, or wrongful-death actions. If your business sells alongside manufacturers, distributors, or contract partners, ask how the policy addresses defense and indemnity when a claim assigns fault across several parties. 2
Separate product claims from contract promises
The cited injury and damages statutes do not determine how a warranty, supply agreement, or indemnity clause affects your obligations. Give your broker the relevant contracts and a clear map of who designs, labels, manufactures, imports, and sells the product; ask which policy terms apply to those separate responsibilities. 1,2
Which Product Liability Providers Have California License Records?
These providers publish a national listing for Product liability; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in California. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.
Gallagher
Arthur J. Gallagher Risk Management Services, LLC
Gallagher Small Business’s legal-information page gives the producer identification associated with the disclosed California license. The provider record treats this identifier as company-reported and not independently verified; no other state is recorded. 23
Gallagher arranges product liability insurance.
Vouch
Vouch Specialty Insurance Services, LLC
Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 30
Vouch lists product liability among the core coverages in its technology-company programs.
Who Regulates Insurance in California?

California Department of Insurance
The California Department of Insurance regulates insurers and insurance producers, provides company and license-status searches, and accepts complaints through its Consumer Complaint Center. Its commercial-insurance guidance explains the Department’s limited jurisdiction over surplus-line insurers. 5,6,7,8,18
Surplus-Lines Tax and Stamping Office in California
Reported tax rate. 3% of taxable premium when California is the insured's home state 9,11,16,8,10,12,13,14,17
When California is your home state, the surplus-line broker tax is generally 3% of gross premiums less returned premiums. Ask the broker to show the home-state determination, taxable premium and any applicable exception; ordinary multistate reporting does not itself reduce the tax base. A broker generally must search the admitted market unless a California exemption or the qualified federal commercial-purchaser exception applies. CIGA does not protect claims under a surplus-line policy.
Surplus Line Association of California
- California usually requires an admitted-market search: Before most nonadmitted placements, a broker must search among admitted insurers. After a public hearing and the required statutory findings, California’s Commissioner may exempt qualifying coverage or risks through an Export List order. The confidential written report remains required under §1763.1. Separately, §1763(h) waives the search for a commercial insured meeting California’s §1760.1(b) definition: the broker must first give written disclosure about possible admitted-market availability and its potential greater protection and oversight, then receive the insured’s written request for nonadmitted placement. The broker must ensure eligibility, with a safe harbor for reasonable reliance on information supplied in good faith. The federal exempt-commercial-purchaser route under §8205 has its own §8206 definition and requires disclosure about possible admitted-market availability and its potential greater protection and oversight, followed by the purchaser’s written request. Ask which route and eligibility criteria the broker relies on. 10,13,14,3,4,19
- Separate tax calculation from allocation reporting: Section 1775.5 generally counts the entire premium for nonadmitted insurance placed in one transaction with one underwriter or group for a California-home-state insured. It has a separate interstate-motor-transit formula and exclusions for premiums on insurance placed by or through a special-lines surplus line broker under §1760.5 and the defined risk-financing portion of specified Superfund remediation products. CDI’s calendar-year 2025 instructions include policy-related fees in gross premium, say it does not collect the tax on risks outside the United States, and treat multistate allocation percentages as informational. Have the broker explain how those rules apply to your placement. 11,15,16
Questions to Ask Before You Buy Product Liability in California
- Does the application identify each entity that designs, imports, manufactures, private-labels, distributes, or sells our California products?
- How would defense costs and indemnity work if a claim assigns fault across our company and other product-chain businesses?
- Which warranties, customer contracts, and indemnity agreements should the broker review alongside the policy?
Product Liability Insurance in California: Frequently Asked Questions
What general deadline does California set for injury claims?
Code of Civil Procedure § 335.1 provides two years for an action for injury to, or death of, an individual caused by another's wrongful act or neglect. Other claim types and accrual questions may differ. 1
How does California allocate non-economic damages in comparative-fault cases?
Civil Code § 1431.2 makes each defendant severally liable for its share of non-economic damages in actions based on comparative fault. 2
Product Liability Insurance Guides for Other States
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Other coverage in CaliforniaEvery coverage guide for California, plus the regulator and surplus-lines details.



