Understanding Advertising Injury Insurance: Application to Protect Against Business Torts

HEADNOTE

This coverage is invaluable for businesses, but policy forms change and courts render varied rulings, making it necessary for counsel to be alert

MOST businesses in the United States buy commercial general

liability (CGL) insurance. From 1985 through at least 1998, the most commonly used forms for this insurance included coverage for "advertising injury" offenses committed in the course of "advertising your goods, products or services." In policies issued in and after 1998, the policies often provide coverage for "personal and advertising in jury" liability, with a definition restricting the coverage for some of the offenses to those committed "in your advertisement." Unlike the more familiar coverage for bodily injury and property damage liability, this so-called "advertising injury" coverage is not triggered by the type of damage but instead applies to all damage caused by covered offenses.