Key Takeaways

  • Coverage B protects against PERSONAL INJURY offenses (false arrest, malicious prosecution, wrongful eviction, slander, libel, invasion of privacy) and ADVERTISING INJURY offenses.
  • Unlike Coverage A, Coverage B is triggered by an OFFENSE (not an occurrence)—the wrongful act itself is the trigger.
  • ADVERTISING INJURY includes oral or written publication that slanders/libels, violates privacy, uses another's advertising idea, or infringes copyright in advertisements.
  • Coverage B has a PER-PERSON limit (often equal to the occurrence limit) and is subject to the GENERAL AGGREGATE, not a separate aggregate.
  • Key exclusions include KNOWING violations (intentional wrongdoing), material published BEFORE the policy period, and content the insured KNEW was false.
Last updated: December 2025

Coverage B: Personal and Advertising Injury

What Coverage B Provides

Coverage B protects the insured against liability for personal injury and advertising injury arising from specified offenses.

Key Difference from Coverage A:

  • Coverage A = Physical injury (bodily injury, property damage)
  • Coverage B = Non-physical harm (reputational, privacy, intellectual property)

Personal Injury Offenses

Coverage B covers these specific offenses:

OffenseDefinitionExample
False ArrestUnlawfully restraining or confining someoneStore security wrongly detains customer
Malicious ProsecutionInitiating legal proceedings without causeFiling baseless criminal complaint
Wrongful EvictionIllegally removing tenant from premisesLandlord locks out tenant improperly
Wrongful EntryEntering property without rightEmployee enters home without permission
Invasion of PrivacyViolating right to be let alonePublishing private facts about customer
LibelWritten defamationPublishing false statements about competitor
SlanderOral defamationMaking false verbal statements about person

Advertising Injury Offenses

Coverage B also covers injuries arising from advertising activities:

OffenseExample
Oral or written publication of defamatory materialAd falsely claims competitor's product is dangerous
Oral or written violation of privacyAd uses person's photo without consent
Misappropriation of advertising ideasCopying competitor's unique ad campaign
Copyright infringement in advertisingUsing copyrighted music in commercial
Use of another's slogan or taglineAdopting competitor's trademarked phrase

The "Offense" Trigger

Unlike Coverage A's "occurrence" trigger, Coverage B uses an offense trigger:

Coverage ACoverage B
Triggered by occurrence (accident)Triggered by offense (wrongful act)
Injury must occur during policy periodOffense must be committed during policy period
Continuous exposure doctrine appliesFirst publication or first offense rule

First Publication Rule: For offenses like libel, the offense is committed when the material is FIRST published.

Limits for Coverage B

Limit TypeHow It Works
Per Person/Organization LimitMaximum for claims from one person/entity
General AggregateCoverage B is subject to General Aggregate
No Separate AggregateUnlike Products-Completed Operations

Typical Limits:

  • Personal/Advertising Injury Limit: $1,000,000
  • General Aggregate: $2,000,000

Coverage B Exclusions

These offenses are NOT covered:

Knowing Violations

ExclusionDetails
Knowing violation of rightsInsured knew they were violating rights
Publication of false materialInsured knew statement was false
Criminal actsCommitted by or at direction of insured

Publication Exclusions

ExclusionDetails
Material published before policyMust be first published during policy period
Material published at insured's directionWith knowledge of falsity

Business-Related Exclusions

ExclusionDetails
Wrong description of pricesPrice or quality misrepresentation in ads
Infringement of trademark/trade dressOther than in advertisement
Electronic chatroomInjury in electronic forum run by insured
Insureds in same businessInjury to competitors in same market

Professional/Contractual Exclusions

ExclusionDetails
Breach of contractExcept implied warranty of fitness
Failure to conform to statementsProduct not matching advertising
Professional servicesRequires separate E&O coverage

Common Coverage B Scenarios

ScenarioCovered?Why
Store falsely accuses customer of theft and detains them✓ YesFalse arrest, invasion of privacy
Company posts negative review of competitor with false claims✓ YesLibel, advertising injury
Business uses competitor's trademarked logo in advertisement✓ YesInfringement in advertising
Employee makes false statement about coworker✗ NoEmployee matters excluded
Company knowingly publishes false health claims✗ NoKnowing falsity excluded

Key Exam Points

  1. Seven Personal Injury Offenses: False arrest, malicious prosecution, wrongful eviction, wrongful entry, invasion of privacy, libel, slander
  2. Advertising = In Ads Only: Copyright/trademark infringement covered only if in advertisements
  3. Knowledge Defeats Coverage: Knowing violation of rights is excluded
  4. First Publication Rule: Offense committed when first published
  5. No Products Aggregate: Coverage B uses General Aggregate only
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Coverage B: Personal and Advertising Injury Structure
Coverage B Claims by Offense Type
Test Your Knowledge

A retail store security guard detains a customer suspected of shoplifting, but no theft occurred. The customer sues for false imprisonment. Which CGL coverage applies?

A
B
C
D
Test Your Knowledge

A company uses a competitor's copyrighted photograph in a print advertisement. This would be covered under Coverage B as:

A
B
C
D
Test Your Knowledge

Which of the following would be EXCLUDED from Coverage B?

A
B
C
D