©2017 BY BROWN & BROWN INSURANCE BROKERS OF SACRAMENTO, INC.

CA License #: 0H38004 | NYSE: BRO

5750 W Oaks Blvd Suite 140, Rocklin, CA 95765, USA

Is my claim covered? 

Our experience working in the Life Sciences space has educated us on the many risks faced by organizations involved in digital health technology, pharmaceutical, medical device, and contract research. The insurance program offers customizable protection to Life Sciences organizations to help create solutions that protect against the unexpected. These scenarios help to show you how.

Injury resulting from a salesperson’s advice 

A salesperson was in an operating room to provide technical support for a product. During the  procedure, the surgeon was unable to obtain the output needed from the surgical ablation device. The salesperson suggests increasing power on the device, based on his clinical observations in a similar procedure. 

Unfortunately…when the power was increased, the patient sustained serious internal injuries.

How we can help

The Products-Completed Operations program we work with offers protection for failure to provide warnings or advise of risks posed by the use of a product.

The case of a sourcing issue

A medical device company makes components for a large medical device manufacturer. The manufacturer discovers a problem with the components only after thousands of products have been sold. The root cause of the problem is determined to be a sourcing issue originating from the medical device company’s facility. The company suffers significant damage to its reputation, resulting in lost sales. 

Unfortunately…without Errors & Omissions  coverage, a lawsuit brought against the company could result in severe financial consequences. 

How we can help

The Errors & Omissions program we work with offers coverage broad coverage for errors, omissions, or negligent acts related to your products or your work. 

Unauthorized access

A hospital hires a healthcare IT company to provide a patient software platform that enables clinicians to proactively monitor patient adherence to medications. The platform was accessed by an unauthorized third party who disrupted the network, forcing the hospital to pull the network offline and revert to paper-based processes. 

Unfortunately…the claim is not covered because unauthorized access is not included in the healthcare IT company’s leaving it with a loss of more than just data. 

How we can help

The Information Security & Privacy and Personal Injury program we work with offers coverage that includes protection for security issues that result in a disruption of your business.

A problem of design

A surgical device manufacturer’s product did not meet customer specifications. There was a defect discovered while a physician was performing a procedure on a patient. The physician then had to reschedule all of the procedures, resulting in a financial loss. 

Unfortunately…the claim is not covered because breach of warranties and representations is not included in  the manufacturer’s policy. 

How we can help

The Errors & Omissions program we work with offers coverage which includes breach of warranties and representations which covers errors  in design.

Allegations of copyright infringement

A digital health company develops packaged software that enables remote patient monitoring. Another  company alleges that the custom software code that was used for the program is a violation of a licensing agreement and is copyright infringement. 

Unfortunately…the company is sued for copyright infringement, and the carrier denies coverage because coverage does not extend to infringement of software code. 

How we can help

The Media & Content protection program we work with covers allegations of copyright or trademark infringement. 

This material is provided for illustration and informational purposes only and is  not intended to guarantee availability of coverage. Coverage is underwritten by the carrier or one of its property and casualty insurance  company subsidiaries or affiliates and is subject to the underwriting company  guidelines and the issued policy. Please refer to the policy for the coverage provided.