Also known as: personal and advertising injuries · personal injury · advertising injury
Written by attorneys · grounded in primary & secondary sources — see below
An insurance coverage category that protects the insured against liability for specified torts including libel, slander, invasion of privacy, and copyright infringement arising from the insured's advertising activities. The coverage applies only when the underlying conduct falls within the enumerated offenses and is not excluded by deliberate-infliction or criminal-act provisions.
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State legislators who voted against a bill sue an executive official after a tie-breaking vote allows the bill to pass. The legislators seek coverage under their liability policy's personal and advertising injury section for the official's public statements accusing them of corruption. The insurer denies the claim because the statements do not match any enumerated offense and the underlying injury is not personal to the legislators in the required sense.
A spouse receives a settlement labeled as personal injury damages after an accident. The other spouse claims a share under marital property rules. The injured spouse's liability insurer refuses to treat the settlement as falling under personal and advertising injury coverage because the policy excludes amounts already satisfied from marital property.
A state bar disciplines an attorney for advertising personal injury services in plain language on a website. The attorney sues the bar, claiming the discipline violates free speech. The attorney's professional liability policy provides personal and advertising injury coverage for the resulting defense costs because the claim arises from advertising activity that is truthful and not misleading.
A firm jointly represents a husband, wife, and insurer in a personal injury case. When the wife later sues the husband, the firm faces disqualification. The firm's professional liability policy treats the disqualification motion as a claim under personal and advertising injury coverage because it arises from the firm's prior representation and public statements about the clients.
A contractor sues a supplier for defective materials that cause only economic harm. The supplier's insurer denies coverage under the personal and advertising injury section because the claim is barred by the economic loss rule and does not involve any enumerated tort such as libel or privacy invasion.
Insurers are accused of conspiring to limit coverage terms for certain risks. One insurer seeks defense costs under its own policy's personal and advertising injury section for statements made in trade publications defending the coverage limits. The insurer argues the statements constitute advertising injury because they address the scope of coverage offered to the public.
The coverage enumerates specific torts such as libel, slander, invasion of privacy, and copyright infringement arising from advertising. It does not extend to bodily injury or property damage, which fall under separate coverage parts.
Supporting sources
The coverage excludes deliberately inflicted harm and criminal acts. An insured's knowing violation of another's rights or criminal conduct removes the claim from coverage even if it otherwise matches an enumerated offense.
Supporting sources
…that it was highly probable the jury would return a verdict in excess of the policy limits. Traders was obligated to defend any personal injury suit covered by the policy, but it was given the right to make such settlement as it might deem expedient. Sloan demanded that Traders assume the defense and settlement of the case. Traders…