September 26, 2014 Articles

Current Controversies over Personal and Advertising Injury Coverage

Third Circuit recently decided whether coverage exists under a commercial and general liability policy for the damage caused by a decomposing body

by Laura J. Grabouski [1]

Commercial general liability (CGL) policies provide coverage for specifically defined torts that cause purely economic losses through Coverage Part B. As compared with Coverage Part A, Coverage Part B arguably encompasses a broader range of business disputes. In fact, a “personal and advertising injury” is highly specialized and has become more so with the 1998 and 2001 revisions to the Insurance Services Office (ISO) form.

The post-1998 ISO forms have clarified the coverage available under Coverage Part B in that they now specifically define “advertisement” and exclude patent and trademark infringement claims altogether. Nonetheless, disputes continue over the scope of what is covered under personal and advertising injury. This article explores the contours of recent coverage litigation regarding this subject and identifies new issues and controversies that have arisen under Coverage Part B.

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