Personal and Advertising Injury Liability
Personal and advertising injury liability is a coverage component within commercial general liability policies addressing specified non-physical offenses arising from personal or advertising activities.
Definition
Personal and advertising injury liability refers to insurance coverage for enumerated offenses that cause harm other than bodily injury or tangible property damage. These offenses typically include libel, slander, defamation, false arrest, wrongful eviction, malicious prosecution, invasion of privacy, and certain forms of copyright or trade dress infringement occurring in the course of advertising activities. The coverage is most commonly found within general-liability-insurance/ and standardized policy forms such as those used in a business-owners-policy-bop/.
Structural Components
- Enumerated Offenses: Coverage applies only to specifically defined offenses listed in the policy form.
- Coverage Trigger: The offense must occur during the policy period and within the defined coverage territory.
- Defense Obligation: Insurers typically provide legal defense for covered allegations, subject to policy terms and exclusions.
- Separate Aggregate Limit: Policies commonly include a distinct aggregate limit for personal and advertising injury claims, separate from other liability limits under liability-insurance/.
- Exclusions: Intentional acts, contractual liability, and certain intellectual property claims may be excluded.
Parameters & Conditions
Coverage applies only when the alleged offense falls within the policy’s defined categories and arises out of the insured’s business operations. The definition of “advertisement” is typically restricted to widespread public dissemination of information for the purpose of attracting customers. Claims must satisfy policy conditions, including notice requirements and cooperation obligations. Coverage interpretation may also depend on policy form language and applicable policy-form-regulation/.
Topic Relationships
Exceptions, Limitations & Boundaries
Personal and advertising injury liability does not extend to bodily injury or property damage, which are addressed under separate coverage parts. It does not cover intentional wrongdoing when intent to cause harm is established. Certain intellectual property disputes, contractual liabilities, and criminal acts may be excluded. Coverage interpretation is confined to the precise wording of the policy form and does not expand beyond enumerated offenses.