Property and Casualty Insurance · Casualty Insurance · 6 min read
Personal and Advertising Injury Offenses
- Differentiate the coverage triggers and loss requirements of Coverage B from Coverage A under the standard Commercial General Liability policy.
- Identify the specific offenses defined as personal and advertising injury, including occupancy offenses, defamation, and advertising violations.
- Recognize key exclusions under Coverage B, including intentional wrongdoing, media business limitations, and statutory communication violations.
Introduction to Coverage B and the Offense-Based Trigger
Commercial General Liability (CGL) Coverage B provides protection for personal and advertising injury liability. It pays sums the insured becomes legally obligated to pay as damages because of personal and advertising injury. Unlike Coverage A, which covers bodily injury and property damage, Coverage B addresses liability arising from a specific list of personal and advertising injury offenses. Some of these covered offenses are intentional torts.
A critical distinction between the two coverages lies in how they are triggered. Coverage A requires an occurrence, defined generally as an accident, that results in bodily injury or property damage. Coverage B liability does not require an occurrence or direct physical harm to trigger coverage. Instead, Coverage B liability must stem from an offense. Coverage B can cover bodily injury that arises as a consequence of a listed offense, such as physical injury during a false arrest; the ISO form does not require the injury to result directly from the offense.
For coverage to apply, the listed offense must arise out of your business. In addition, the offense must be committed within the coverage territory and during the policy period. Coverage B has a Personal and Advertising Injury Limit for any one person or organization. Damages paid under Coverage B count toward the General Aggregate Limit, but defense expenses paid as supplementary payments generally do not.
The insurer has the right and duty to defend the insured against any suit seeking damages covered under Coverage B. These defense costs are paid in addition to the policy limits, subject to policy terms. The insurer's duty to defend ends when the applicable limit has been used up by the payment of judgments or settlements under Coverage A or Coverage B, or medical expenses under Coverage C.
| Feature | Coverage A | Coverage B |
|---|---|---|
| Primary Trigger | Occurrence (accident) | Enumerated offense |
| Nature of Harm | Bodily injury or property damage | Personal and advertising injury |
| Coverage Limits | Per occurrence limit and general aggregate | Per person/organization limit and general aggregate |
| Defense Costs | Paid in addition to limits until exhausted | Paid in addition to limits until exhausted |
Common mistakes
- Assuming Coverage B requires an occurrence causing bodily injury or property damage, when it actually requires an enumerated offense arising out of the business.
- Believing all intentional acts are excluded under Coverage B, overlooking that offenses like false arrest and malicious prosecution are intentional torts that are explicitly covered.
- Assuming trademark infringement is covered under Coverage B advertising injury, when the policy excludes general trademark claims and only covers copyright, trade dress, or slogan infringement in an advertisement.
- Thinking media businesses lose all Coverage B coverage, missing the exception that preserves coverage for false arrest, malicious prosecution, and occupancy offenses.
Key points
- CGL Coverage B pays damages the insured becomes legally obligated to pay for personal and advertising injury resulting from listed offenses arising out of the business.
- Unlike Coverage A, Coverage B does not require an accidental occurrence, though it can cover consequential bodily injury resulting from a covered offense.
- Covered offenses include false arrest, detention, imprisonment, malicious prosecution, defamation (slander and libel), product disparagement, and violation of privacy.
- Wrongful eviction, wrongful entry, and invasion of the right of private occupancy are covered offenses only when committed by or on behalf of an owner, landlord, or lessor.
- Advertising injury covers the use of another's advertising idea or infringement of copyright, trade dress, or slogan within an advertisement, while general trademark infringement is excluded.
- Exclusions eliminate coverage for knowing violations of rights, publishing known falsehoods, pre-policy publications, criminal acts, pricing errors, chatrooms, and violations of communication laws such as the Telephone Consumer Protection Act.
- Media and Internet businesses are excluded from most Coverage B offenses, but retain coverage for false arrest, malicious prosecution, and occupancy offenses.
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