Get Started

Product Liability in North Dakota

North Dakota’s product-liability chapter sets a discovery-based filing period and a repose period measured from initial purchase for use or consumption (10 years) or manufacture (11 years). The repose defense does not bar a later injury when a manufacturer, wholesaler, or retailer recalls or learns of a defect and fails to take reasonable steps to warn users; the chapter also provides for seller indemnity in specified circumstances. 1,2

What Is Product Liability?

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 in North Dakota

  • Track when each seller parted with possession

    Section 28-01.3-08 measures repose from initial purchase for use or consumption (10 years) or manufacture (11 years). A seller should preserve first-purchase and manufacturing dates across the chain; § 28-01.3-08(3) also creates a warning-related exception. 1

  • Keep manufacturer indemnity rights visible

    Chapter 28-01.3 addresses manufacturer indemnity of sellers. Retain purchase terms, supplier indemnity agreements, proof of notice, and the product’s manufacturer identity so your business can evaluate contractual recovery if it is sued as a seller. 1

  • Do not confuse discovery limitation with repose

    The chapter distinguishes an injury-based filing period from an outside repose date. Report potential incidents on the policy timeline even if the product is old or causation is still being evaluated. 1,2

Who Regulates Insurance in North Dakota

North Dakota Insurance Department

The North Dakota Insurance Department regulates insurers and producers, provides licensing and company searches, and investigates insurance complaints to assess compliance with state law and policy terms. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 1.75% of gross premium, assessments and policy fees, less return premium, when North Dakota is home state When North Dakota is the insured’s home state, the 1.75% tax applies to the entire gross premium, assessments, membership and subscriber fees, and policy or service fees on multistate policies, less return premium. North Dakota permits independent procurement only under separate statutory conditions; the policyholder should confirm whether a licensed broker placement or independent procurement applies. Nonadmitted insurers generally do not participate in state guaranty funds. 6,7,8

Providers With Documented State Licenses

These providers publish a national listing for Product liability; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in North Dakota. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’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. 15Vouch lists product liability among the core coverages in its technology-company programs.

Questions to Ask Before You Buy in North Dakota

  1. Which entities design, import, manufacture, label, distribute, install, or sell our products in North Dakota?
  2. What product dates, warnings, warranties, and change records should we preserve for claims in North Dakota?
  3. How do the policy’s product wording, reporting terms, and defense provisions apply when a claim involves several product-chain businesses?

Product Liability in North Dakota: FAQ

What date controls North Dakota’s product repose period? 1,2

Chapter 28-01.3 measures repose from the date the manufacturer or seller parted with possession of the product; the chapter also provides a separate limitation period. 1,2

When can North Dakota’s product repose defense fail after a recall or known defect? 1

Section 28-01.3-08(3) preserves a subsequent-injury action when a manufacturer, wholesaler, or retailer recalls or becomes aware of a defect and fails to take reasonable steps to warn users. 1

Product Liability in Other States

Other Coverage in North Dakota

Sources

  1. North Dakota Century Code ch. 28-01.3. North legislature / statutes; Product-liability chapter, including definitions, seller indemnity, and sections 28-01.3-08 through -09 on limitations/repose. Accessed 2026-09-29.
  2. North Dakota Insurance Department. North Dakota Insurance Department; Official department homepage; identifies regulation of insurance and consumer/business assistance. Accessed 2026-09-28.
  3. Print License / Search for an Agent. North Dakota Insurance Department; Official licensing page directs the public to current SBS public lookup for agent status, license number, lines and appointments; linked public lookup is up to date. Accessed 2026-09-28.
  4. Complaints. North Dakota Insurance Department; Official complaint process; Department reviews compliance with insurance laws and policy coverage; directs online filings to state-specific SBS complaint form. Accessed 2026-09-28.
  5. Surplus Lines. North Dakota Insurance Department; Current official page: ND home-state rate 1.75% on total premium including assessments and policy fees for multistate coverage; explains home-state allocation and nonadmitted insurer guaranty status. Accessed 2026-09-28.
  6. N.D.C.C. Chapter 26.1-44, Surplus Lines Insurance. North Dakota Legislative Branch; §26.1-44-03.1 sets 1.75% tax base, home-state rule, fee inclusion, return premiums; §§26.1-44-08 and related provisions cover placements. Accessed 2026-09-28.
  7. Surplus Lines. North Dakota Insurance Department; Official page states nonadmitted insurers generally do not participate in state-created insurance guaranty funds. Accessed 2026-09-28.
  8. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  9. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  10. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  11. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  12. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  13. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  14. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

Get Help With Insurance Buying and Renewals.

Get help buying coverage and managing renewals, with less paperwork for your team. Start with a free consultation.

Talk to Spot