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Advertising Liability and Personal Injury Coverage

A Commercial General Liability (CGL) insurance policy generally protects business owners against claims of liability for bodily injury and property damage. One important aspect of CGL policies are the agreements the provide protection against personal and advertising injury.

Claims relating to personal and advertising injury are defined much more narrowly than bodily injury and property damage claims. Whereas bodily injury and property damage claims involve people being unintentionally injured because of the negligence of a business, personal and advertising injury claims are also unintentional injuries that instead result from the intentional acts of a business.

Lawyer for Advertising Liability and Personal Injury Coverage in Orlando, FL

If you are facing an advertising injury or personal injury liability issue, you will want to make sure that you get the most protection from your CGL. The Germain Law Group assists businesses of all sizes throughout Orange County with these complex and stressful claims.

Michael Germain is an insurance law attorney in Orlando who represents clients in St. Lucie County, Okeechobee County, Volusia County, and Indian River County. He can provide an honest and thorough evaluation of your case as soon as you call (813) 835-8888 to schedule a free, no-obligation consultation.

Overview of Personal and Advertising Injury in Orange County

• What does the personal and advertising injury section of a CGL policy cover?
• Are there any exclusions to advertising liability and personal injury coverage?
• Where can I learn more about personal and advertising injury?

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What Advertising Liability and Personal Injury Covers in Florida

The phrase “personal injury,” as used in CGL policies, can be confusing because it does not apply to the usual physical form of bodily injury that is more commonplace. In a CGL policy, a personal injury is defined as losses that do not involve personal harm but instead violate the rights of others.

An advertising injury is financial or reputational harm to a third party caused by the advertisements of a business. Personal injury is essentially reputational harm caused by non-advertising services.

Some of the personal and advertising injury claims that are covered under CGLs include:

• Copyright, patent, trademark, or trade dress infringement;
• Disparagement;
• False prosecution;
• Libel;
• Malicious prosecution;
• Slander; and
• Violation of the right of privacy.

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Exclusions to Personal and Advertising Injury Coverage in Orlando

As is the case with many insurance policies, CGLs do have certain exclusions for coverage in regards to personal and advertising injury claims.

Certain types of businesses that advertise on behalf of other companies may require a specialized form of insurance known as media liability insurance. Businesses that are not protected by personal and advertising injury claims under a CGL policy include internet service providers, internet content providers, and advertising, broadcasting, and publishing companies.

Some of the exclusions that are usually included under the personal and advertising injury section of a CGL policy include:

• Breach of contract;
• Contractual liability issues;
• Criminal activity;
• Knowing violations of rights;
• Publication of statements the business knew to be false; and
• Unauthorized use of a third party’s personal information.

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Florida Resources for Advertising Liability and Personal Injury

No Harm, No Coverage—Personal and Advertising Injury Liability Coverage in the CGL — Learn more about personal and advertising injury liability insurance in this article from International Risk Management Institute, Inc. (IRMI). The article discusses how personal and advertising injury liability is similar to bodily injury and property damage and why the two sections of CGL policies are not completely separate. You can also learn more about definitions, covered offenses, and real-life examples.

E.S.Y., Inc., et al. v. Scottsdale Insurance Company — In this October 2015 decision, the United States District Court for the Southern District of Florida ruled that Scottsdale Insurance Co. had a duty to defend Miami-based clothing retailer E.S.Y., Inc. Fort Lauderdale-based Exist, Inc. sued E.S.Y. in federal court in 2014 claiming that E.S.Y. began using a "Liquid Energy" shield mark that was “identical or substantially similar” to Exist’s own trademarked shield mark. The two parties ultimately settled, but Scottsdale refused to defend E.S.Y. in the action despite having issued the Fort Lauderdale company a CGL. The District Court concluded that the knowing violation exclusion did not apply because Exist's copyright and Lanham Act claims did not require a showing that E.S.Y. acted intentionally.

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The Germain Law Group | Personal and Advertising Injury Lawyer in Orlando, Florida

Is your insurance company refusing to honor the personal and advertising injury provisions of its CGL? It is in your best interest to immediately contact the Germain Law Group for help making sure that you get the protection you deserve.

Orlando insurance law attorney Michael Germain assists businesses of all sizes in Orange County as well as communities in Seminole County, Lake County, Osceola County, and Brevard County. Call (813) 835-8888 or complete an online contact form to have our lawyer review your case during a free consultation.

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