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5th Cir Abbott Laboratories accident additional insured attorney/client privilege Beshada checklist codes company counsel comparative negligence complied conduct consumer control or assurance courts coverage defense of product design and engineering design decisions determining liability disclaimer documented duty to warn eliminated engineering personnel ensure Enterprise Liability failure guard/safety device harmless agreement hazards or defects identified impact of products important in-house instruction manuals insurance carrier investigation Johns-Manville Products Corp litigation major manufac manufacturer's manufacturing process marketing and sales optional equipment Piper Aircraft plaintiffs Post-Production Phase Pre-Production or Design procedures product safety product user production phase Products Committee products lawsuit products liability costs products liability law punitive damages quality control reasonable relevant reliable products reports retrofit Rptr safety device sales personnel understand standards strict liability sumer survey or audit Tenneco Textron Inc theory tion top management trial counsel turers ultimate user Uniform Commercial Code warnings and instructions warranty