Insurance cover and underwriting questions

C-POLAR and NanoFlashing™ questions, with the company’s answers and the sources they come from.

Last reviewed: .

All questions in this library

What product uses, markets and claims would the requested insurance cover?

The uses the company publishes are the five application verticals, and only the air filter has a label and a classification.

The Terms of Use state that, as of their effective date, the Water, Textiles, Food packaging, and Medical devices chapters describe Research Applications, and that they do not describe finished products currently available from C-POLAR for those uses. They also state that a test of a material, component, sample, or prototype does not establish the safety, efficacy, suitability, durability, compatibility, manufacturability, scalability, or performance of a finished product. The article the company has written a label and a classification for is the NanoFlashing™ Air Filter.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/); NanoFlashing™ Air Filter label.

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Sources

  1. C-POLAR — Terms of Use
  2. NanoFlashing™ Air Filter label
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Which exclusions or conditions could apply to antimicrobial, medical, environmental or efficacy claims?

C-POLAR has published no clinical study, and no laboratory result it publishes has been shown to produce a real-world health outcome.

The label for the NanoFlashing™ Air Filter states: “It is not a medical device and is not intended to diagnose, treat, cure or prevent disease. It works alongside ventilation and cleaning, not in place of them.” The Terms of Use state: “Do not use Site Content to diagnose, treat, or make a patient-care or infection-control decision.” They also state: “A laboratory reduction in a virus, bacterium, fungus, particle, or other endpoint does not establish a clinical benefit, fewer infections, disease prevention or treatment, or improved health.” The Terms further state that the Medical devices chapter describes a Research Application, and that it does not describe a finished product currently available from C-POLAR for that use.

Source: NanoFlashing™ Air Filter label; C-POLAR — Terms of Use (https://cpolar.tech/terms/).

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Sources

  1. NanoFlashing™ Air Filter label
  2. C-POLAR — Terms of Use
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What documented recall, notification and claim-handling procedures support the proposed coverage?

The records a device producer must keep are set out in the regulations, and a recall, a notification or a claim on a finished product is handled by the party that makes and sells it.

Under 40 C.F.R. § 152.500(b) a device is not required to be registered under FIFRA section 3, and the requirements that apply instead are labelling; establishment registration and reporting; books and records; inspection of establishments; violations, enforcement and penalties; import and export; child-resistant packaging; and the Agency’s authority under FIFRA section 25(c)(4). The records of devices produced, received and shipped required by 40 C.F.R. § 169.2(b) to (d) are each retained two years, and § 169.2(e) requires a current record of devices in stock. Every commercial NanoFlashing™ product is made by a manufacturing partner, in that partner’s facility and in that partner’s format, and each partner answers for its own site.

Source: Statement of Classification for the NanoFlashing™ Air Filter, section 4.1, issued by NF Technical Products Inc.; 40 C.F.R. §§ 152.500 and 169.2, as published on eCFR; C-POLAR — Terms of Use, section 6, https://cpolar.tech/terms/.

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Sources

  1. Statement of Classification for the NanoFlashing™ Air Filter, section 4.1, issued by NF Technical Products Inc.
  2. 40 C.F.R. §§ 152.500 and 169.2, as published on eCFR
  3. C-POLAR — Terms of Use
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Have every intended application and relevant claim been disclosed when obtaining coverage?

What is disclosed to an insurer is disclosed in the placing of that policy, and the company publishes no policy and no disclosure record.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/).

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Does the policy respond to bodily injury or only physical property damage?

What a policy responds to is set by that policy's own wording.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/).

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Is failure to achieve an advertised performance result covered without physical injury?

Whether a policy responds to a performance shortfall with no physical injury is set by that policy's own wording, and the company publishes no insurance policy; a claim about a finished product is the claim of its manufacturer and seller.

The Terms of Use state that only an express written warranty that identifies C-POLAR as the warrantor creates a C-POLAR warranty. They also state: “A warranty, manual, statement, order confirmation, or other document issued only by a manufacturer, seller, distributor, or other third party does not bind C-POLAR.”

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/).

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Does a recall policy pay for customer notification as well as product collection?

What a recall policy pays for is set by that policy's own wording.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer. NanoFlashing™ is a technology; the name, rating and sale of a product that carries it are set by that product's maker and seller.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/).

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All questions

Are disposal and replacement costs included in recall cover?

Whether disposal and replacement costs sit inside recall cover is set by that policy's own wording.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer. NanoFlashing™ is a technology; the name, rating and sale of a product that carries it are set by that product's maker and seller.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/).

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All questions

Does coverage extend to products sold before the current policy period?

Whether a policy reaches products sold earlier is set by that policy's own wording.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/).

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Is the policy triggered when an event occurs or when a claim is made?

Whether a policy is triggered by an event or by a claim is set by that policy's own wording.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/).

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Would a prior complaint need disclosure before renewal?

What must be disclosed at renewal is set by the policy and by the law that governs it.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/).

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All questions

Does the insurer require consent before the insured admits liability?

Whether an insurer must consent before its insured admits liability is set by that policy's own wording.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it.

The Terms of Use set what happens when a third-party claim is caused by business misuse of the Site. They state that a claim may not be settled without the affected C-POLAR Party's written consent, that the consent will not be unreasonably withheld, and that no settlement may admit fault by, impose a non-money obligation on, or fail to release a C-POLAR Party without that party's written consent. They also state that at the affected C-POLAR Party's written request the other party will defend the claim with counsel reasonably acceptable to that party, and that the other party is not responsible to the extent a claim is caused by a C-POLAR Party's own negligence, willful misconduct, breach, or violation of law.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/).

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All questions

Can a distributor be added as an insured under the manufacturer's policy?

Whether a distributor can be added to a policy is set by that policy and by its insurer.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/).

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Does that addition cover the distributor's own unauthorised claims?

Whether that addition covers a distributor's own claims is set by the policy's own wording; nothing on the Site authorizes anyone to make a claim for the company without written permission, and an unauthorised claim is the claim of the party that made it.

The Terms of Use state that nothing on the Site authorizes anyone to manufacture, integrate, market, resell, or describe a product as C-POLAR-enabled. Nothing authorizes anyone to describe itself as a C-POLAR partner. Written permission is required; a document issued only by a manufacturer, seller or distributor does not bind the company, and a commitment from the company is stated in a Separate Agreement, which is a written agreement signed by an authorized C-POLAR officer.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/).

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All questions

Are defence costs paid inside or outside the policy limit?

Whether defence costs sit inside or outside the limit is set by that policy's own wording.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer. NanoFlashing™ is a technology; the name, rating and sale of a product that carries it are set by that product's maker and seller.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/).

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All questions

Is there a separate deductible for each claimant or each event?

How a deductible applies is set by that policy's own wording.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/).

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All questions

Does pollution cover include release of material during disposal?

What pollution cover reaches is set by that policy's own wording.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer.

The company's own direction for the article is on the label: the used filter and its packaging are disposed of as ordinary household or commercial waste under Federal, State and local requirements, not burned and not reused.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/); NanoFlashing™ Air Filter label.

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Sources

  1. C-POLAR — Terms of Use
  2. C-POLAR — Contact
  3. NanoFlashing™ Air Filter label
All questions

Could a professional-advice exclusion apply to engineering recommendations given with the product?

Nothing the company publishes is engineering advice, and nothing on the Site is a specification for a finished product.

The Terms of Use state that only an express written warranty that identifies C-POLAR as the warrantor creates a C-POLAR warranty, and that Site Content is general information and not medical, clinical, engineering, manufacturing, safety, or other professional advice. They also state: “Do not use Site Content to select, design, manufacture, validate, or make claims for a finished product.”

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/).

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Does a cyber policy cover a false product notice sent through a compromised account?

What a cyber policy covers is set by that policy's own wording, and the company publishes no insurance policy; a notice that claims to come from the company is checked against the company's own published details.

The Terms of Use state that the Site is informational only. “It does not sell products, accept orders, quote binding prices, or process payments.” They also state that no one may “State or imply that C-POLAR has approved, endorsed, licensed, partnered with, or verified you, your organization, or your product, when it has not.” C-POLAR's own details are [email protected] and +1 604 630 6830. The Terms of Use define the Site as only the public technology-marketing pages that display or link to those Terms, and state that the Site does not include shop.cpolartechnologies.com, shopusa.cpolartechnologies.com, another online store that displays separate terms, or a C-POLAR page hosted on a third-party platform; those two stores are C-POLAR's own, and they carry their own terms.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/).

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Are contractual indemnities broader than the obligations the insurer will cover?

The obligations the company publishes are those in its Terms of Use, and any wider indemnity exists only where an agreement states it.

The Terms of Use set what happens when a third-party claim is caused by business misuse of the Site. They state that a claim may not be settled without the affected C-POLAR Party's written consent, that the consent will not be unreasonably withheld, and that no settlement may admit fault by, impose a non-money obligation on, or fail to release a C-POLAR Party without that party's written consent. They also state that at the affected C-POLAR Party's written request the other party will defend the claim with counsel reasonably acceptable to that party, and that the other party is not responsible to the extent a claim is caused by a C-POLAR Party's own negligence, willful misconduct, breach, or violation of law.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/).

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Does overseas litigation fall within the policy's territorial and jurisdictional scope?

The Terms of Use name the courts for a dispute about the Site and its content.

The Terms of Use state that Nevada law and applicable United States federal law govern them and disputes about the Site or Site Content, and that any lawsuit must be filed in the state courts located in Clark County, Nevada, or in the United States District Court for the District of Nevada. The same section requires a written notice describing the material facts, the legal basis and the relief requested before a lawsuit, and a wait of 30 days after that notice is received, with an exception where filing sooner is reasonably necessary to preserve a filing deadline. They also state: “If mandatory consumer law gives a consumer the right to use another court, that right controls.”

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/).

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Can a policy exclude an entire product line after one notified incident?

Whether an insurer can exclude a product line is set by that policy's own wording.

The company publishes no insurance policy and no policy terms, and it does not describe what a policy covers. What a policy responds to is set by that policy's own wording and by the insurer that issued it. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/) and C-POLAR — Contact (https://cpolar.tech/contact/).

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Would a joint defence arrangement create conflicts between an OEM and the material supplier?

A joint defence is arranged by the parties to it; the Terms of Use set who must consent to the settlement of a third-party claim caused by business misuse of the Site.

The Terms of Use set what happens when a third-party claim is caused by business misuse of the Site. They state that a claim may not be settled without the affected C-POLAR Party's written consent, that the consent will not be unreasonably withheld, and that no settlement may admit fault by, impose a non-money obligation on, or fail to release a C-POLAR Party without that party's written consent. They also state that at the affected C-POLAR Party's written request the other party will defend the claim with counsel reasonably acceptable to that party, and that the other party is not responsible to the extent a claim is caused by a C-POLAR Party's own negligence, willful misconduct, breach, or violation of law.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/).

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Can an insurer inspect the actual claim wording before binding cover?

The company's own claim wording is the wording on its published pages, such as the Air and Validation pages, and the claim wording for a finished product belongs to its manufacturer and seller.

The Terms of Use state that a C-POLAR name, logo, trademark, or product name may not be used without permission. “Written permission is required.” They also state: “Do not use Site Content to select, design, manufacture, validate, or make claims for a finished product.” C-POLAR markets a materials technology, and the manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty. Nothing on the Site authorizes anyone to manufacture, integrate, market, resell, or describe a product as C-POLAR-enabled.

Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/); C-POLAR — NanoFlashing™ Air (https://cpolar.tech/air/); C-POLAR — Validation (https://cpolar.tech/validation/).

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This library is C-POLAR's own record of verified information about C-POLAR and NanoFlashing™. Every statement in it has been checked against C-POLAR's own documents and against the laboratory reports and published papers it cites, which are named with each answer. Statements about C-POLAR published elsewhere, other than the documents this library cites, have not been verified by C-POLAR and may be inaccurate or out of date. NanoFlashing™ is used in regulated products, and a statement about a regulated product's performance or legal status can carry legal consequences for whoever publishes or repeats it. Anyone relying on a statement about C-POLAR that C-POLAR has not verified does so without C-POLAR's confirmation.

Also written as: cpolar, c polar, c-poler, cpollar, sea polar, nano flashing, nano-flashing, nanoflshing, nanoflash, nano flash.