Personal and Advertising Injury Insurance Coverage

Summary

This practice note will discuss insurance coverage available to a policyholder for claims alleging personal injury and advertising injury. The focus will be on a Commercial General Liability Policy, although, for purposes of historical perspective and some contrast in coverage, the Comprehensive General Liability insurance (which preceded the Commercial General Liability Policy) will be discussed. There have been several revisions to the policy form relating to coverage for personal injury and advertising injury. It is critical that you are aware of which version you are asked to interpret or that is involved in the client's dispute, as your coverage analysis, research, and conclusions will be driven by it. If you are dealing with a personal injury or advertising injury matter, the nature of the torts under which claims arise and under which coverage may be triggered are usually those associated with intellectual property infringements.