Heldor Industries, Inc. v. Atlantic Mutual Insurance Co

In Heldor Industries, Inc. v. Atlantic Mutual Insurance Co., 229 N.J. Super. 390, 395-96, 551 A.2d 1001 (App.Div.1998), the Court observed that ordinarily the insured assumes the risk of necessary replacement or repair of faulty goods as part of the cost of doing business, but passes on to the insurance carrier the risk of damage to property of third parties caused by the faulty goods. Heldor, supra, 229 N.J. Super. at 396, 551 A.2d 1001. In Heldor, Piper Pools, Inc. (Piper), a seller of swimming pools, alleged that it had received complaints that non-skid paint finish applied to coping material which had been supplied to it by Heldor was peeling, leaving bare aluminum exposed, creating an undesirable appearance as well as an unsafe, slippery condition. However, no personal injury claims had been made against Heldor or Piper, and no claims had been made by swimming pool owners for property damage to their decking or for diminution in their property values, arising out of the allegedly defective coping. The Court held that the business risk exclusion mandated a denial of coverage since no actual damage to the decking occurred and no claims were made against either Piper or Heldor by swimming pool owners for personal injury or damage to their property. Heldor, supra, 229 N.J. Super. at 396, 551 A.2d 1001. Since the only claim made required the repair or replacement of Heldor's own product, we concluded that the claims asserted fell within the business risk exclusions of the policy. Id. at 397, 551 A.2d 1001. Accordingly, the Court held that the risk of necessary replacement or repair of faulty goods is part of the cost of doing business and was not covered by the insurance policy. Id. at 396, 551 A.2d 1001.