What We CoverOur ApproachClient StoriesInsightsAboutSchedule a Consultation
All insights

The product liability gap Singapore manufacturers do not know about: six scenarios where standard cover falls short

Product liability does not cover claims where a product fails to perform and causes financial loss, with no injury or physical damage involved. For Singapore manufacturers whose products contain technology or who provide services alongside their products, this gap is real and growing. Here are the six scenarios where it shows up.

You sell a temperature monitoring system to a cold chain logistics company. The system is supposed to record cargo temperatures at regular intervals throughout transit. On a shipment of perishable goods, the system fails to record temperatures accurately. The receiving warehouse rejects the entire shipment. Your customer loses the value of the cargo and brings a claim against you.

You did not cause bodily injury. Nothing was physically damaged by your product. Your customer simply lost money because your product did not do what it was supposed to do.

Your product liability policy will not respond. The claim does not meet the trigger.

This is the gap that sits in the middle of most manufacturing insurance programmes, and it is growing as Singapore manufacturers build more technology into their products and wrap more services around what they sell.

Why the gap exists

Product liability insurance has two triggers: bodily injury to a person, or tangible damage to property. These triggers made sense when manufactured goods were simple physical products and the harm they caused was physical.

Modern manufacturing looks different. Products contain embedded software and sensors. Manufacturers offer monitoring services, maintenance contracts, and technical support alongside the equipment they sell. Supply chains are longer and the downstream consequences of a component failure are larger.

When a product fails in these environments, the harm is often financial rather than physical. A software flaw causes incorrect data. An automated system runs below its specified speed. A component supplied to an assembler turns out to be defective, causing the assembler to miss a client contract. In each case, no one is injured and nothing is physically broken. But the financial loss to the customer can be significant.

Product liability does not cover this. Neither does standard professional indemnity, which is designed for advice-based professional services rather than product or service performance.

Manufacturers Errors and Omissions (E&O) insurance exists precisely to cover this space. It responds to third-party claims for financial or economic loss arising from a product that failed to perform as specified, a service that was not delivered as contracted, or a defect that caused economic harm downstream.

The six scenarios that illustrate the exposure

These are the situations where manufacturers most commonly discover the gap.

Your product contains technology that malfunctions. Any product with embedded software, firmware, sensors, IoT connectivity, or electronic components can malfunction in a way that causes pure economic loss. The temperature monitoring example above is one version. A production control system that gives inaccurate readings. A sensor that enables unauthorised access to a client's data. A smart device that stops functioning correctly in a way that disrupts the client's operations. Product liability does not cover the financial loss from these malfunctions.

You provide a service alongside your product. If you sell equipment and also provide maintenance, calibration, monitoring, or ongoing technical support, you are a service provider as well as a product manufacturer. When the service causes the product to underperform, the claim is for the service failure. A standard product liability policy was not written to cover this.

You are a component supplier in a long supply chain. When a component you supply is found to be defective, the consequences flow downstream through the supply chain. The assembler cannot complete their product. The assembler's client cancels the contract. The assembler brings a claim back up the chain to you. The quantum of that claim can be many times the value of the original component.

Your product does not comply with labelling or safety regulations. A product that fails to meet labelling requirements, safety standards, or product certification requirements causes your distributors or retailers to incur costs of removal and lost revenue. That claim is for economic harm, not physical harm.

Your product causes loss of use for the end user. An industrial machine that runs at 70% of its specified capacity is not broken in the traditional sense. No injury. No damage. But the client has suffered a measurable economic loss from lower output. That is a pure economic loss claim.

You are contracted to a performance standard. Many manufacturer contracts now specify performance metrics, uptime guarantees, or output targets. When the product or service does not meet the contracted standard, the customer has a claim for the gap between what was promised and what was delivered.

Who this covers in Singapore

The exposure is most relevant for manufacturers who fit one or more of the following descriptions.

Manufacturers in precision engineering, industrial automation, electronics manufacturing, marine equipment, food processing equipment, or medical devices. Any sector where components feed into complex supply chains or where products carry performance specifications.

Manufacturers who have moved toward bundled product and service models, offering maintenance contracts, monitoring services, or technical support alongside what they sell.

Manufacturers whose products now contain any digital or electronic element, including embedded software, firmware, sensors, or connectivity features.

Manufacturers who are increasingly required by their clients or contracts to carry Errors and Omissions insurance as a condition of doing business.

That last point is worth noting specifically. The requirement to carry E&O insurance is increasingly appearing in manufacturing supply contracts, particularly in technology-facing supply chains. A manufacturer who cannot demonstrate E&O cover may find themselves excluded from contract opportunities that require it.

How it sits alongside product liability and professional indemnity

Manufacturers E&O does not replace product liability or professional indemnity. It fills the space between them.

Product liability responds when a product causes bodily injury or physical property damage. Professional indemnity responds when professional advice or a professional service causes harm. Manufacturers E&O responds when a product or associated service fails to perform as specified and causes economic loss, without necessarily triggering either of the other two.

For a complete manufacturing insurance programme, all three may be relevant depending on the nature of the business. A precision engineering firm that supplies components, provides maintenance services, and employs engineers who advise clients on installation has exposure across all three categories.

You can read more about our product liability cover and professional indemnity cover on the products page.

If you are a Singapore manufacturer and would like to understand how Manufacturers E&O insurance fits into your current programme and whether the gap it covers applies to your business, we would be glad to work through it with you.

This article provides general information only. It is not insurance advice. The claim scenarios described are illustrative of the types of claims that Manufacturers E&O insurance is designed to address and are not based on actual cases. Policy availability, terms, conditions, and exclusions vary by insurer and product, and cover is subject to the full policy wording. Please contact TZY CO for advice on your specific situation.

Wondering how this applies to your business?

Schedule a Consultationor message us on WhatsApp →
Back to all insights