Personal and advertising injury is typically an infringement on a person or business’s personal or intellectual rights. It can include libel, slander, and copyright infringement.
What is personal and advertising injury?
Personal injury includes:
- False arrest, detention, or imprisonment
- Malicious prosecution
- Wrongful eviction
Advertising injury includes:
- Infringing on someone else’s copyrights, slogans, or intellectual property
- Slander or libel
What types of personal injury are covered by insurance?
False arrest, detention, or imprisonment: You wrongly deprive someone of their personal right to liberty.
Malicious prosecution: You take legal action against someone without reasonable cause.
Wrongful eviction or entry: As a property owner, you wrongly expel someone from their leased premises or violate their privacy.
What types of advertising injuries are covered by insurance?
Your general liability insurance or business owner’s policy will protect you against personal and advertising injury liability, including cases of:
Slander or libel of a person or company: You defame by speech (slander) or in writing or pictures (libel) by making false statements. Professional liability insurance would cover this risk for some professions with unique exposures to slander or libel, including lawyers, media and advertising companies, and publishers.
Violation of a person’s right to privacy: You make oral or written statements that misappropriate someone’s name or likeness, intrude on someone’s right to solitude or privacy, or disclose private facts, even if true.
Use of another company’s advertising themes or concepts without permission: You misappropriate a firm’s advertising content for your own purposes.
Infringement of a person or firm’s copyright or slogans: You use, distribute, or display copyrighted work without the owner’s permission.
How does insurance work in lawsuits stemming from personal or advertising injury?
Your general liability insurance policy can cover these expenses up to the personal and advertising injury limit listed on your policy’s declarations page:
- Legal fees
- Settlement or judgment costs
- Other court expenses, such as witness fees
When checking how much personal and advertising protection you have, make sure you’re looking at the right limit. Your personal and advertising injury limit is distinct from other limits displayed on your declarations page.
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