First Look – Winter 2022: Insurance Newsletter | Steptoe & Johnson PLLC

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ADVERTISING INJURIES: DEFAMATION AND RIGHT OF PUBLICITY –

Advertising injuries occur when a business injures another party during the course of advertising its products or services. The Insurance Services Office (ISO) defines advertisement as “a notice that is broadcast or published to the general public or specific market segment about your goods, products, or services for the purpose of attracting customers or supporters.” Generally, an advertising injury results in financial loss to the injured party through damage to reputation or by lost profits. These claims are often brought against a business by a competitor, though an advertisement may also injure an individual.

Businesses and individuals can protect themselves from such claims by purchasing the appropriate insurance. Coverage for advertising injuries is a type of general liability coverage, normally combined in standard commercial general liability (CGL) policies with personal injury (PI) coverage in a form called Coverage B, that applies to defamation, libel, product disparagement, invasion of privacy, misappropriation of advertising ideas, and infringements of copyrights, trademarks, and slogans.1 These are all types of claims that allege a violation of a legally protected right, but that do not result in bodily injury or property damage.

Please see full Newsletter below for more information.

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