CGL Coverage B: Personal and Advertising Injury, Coverage C: Medical Payments
Key Takeaways
- Coverage B covers seven non-physical offenses including false arrest, malicious prosecution, wrongful eviction, libel/slander, privacy violations, and advertising-idea/copyright/trade-dress/slogan infringement.
- Patent and trademark infringement, knowing falsity, and media/advertising-business insureds are excluded from Coverage B.
- Coverage B has its own limit (often $1,000,000) and erodes the General Aggregate; it is triggered by when the offense is committed.
- Coverage C Medical Payments pays reasonable medical expenses regardless of fault, per person (often $5,000), within one year of the accident.
- Coverage C excludes the named insured, employees, tenants, and athletics participants, and is not duplicated where Coverage A pays the same injury.
CGL Coverage B: Personal and Advertising Injury Liability
While Coverage A handles physical harm (BI/PD), Coverage B of the ISO CG 00 01 covers non-physical, intangible torts grouped as "personal and advertising injury." Like Coverage A, the insurer has the right and duty to defend and stops defending once the limit is exhausted. Coverage B is triggered by the offense being committed during the policy period in the coverage territory — there is no "occurrence" requirement because these are intentional-style business torts, not accidents.
The Seven Defined Offenses
The policy defines personal and advertising injury as injury arising out of one or more of these offenses:
- False arrest, detention, or imprisonment
- Malicious prosecution
- Wrongful eviction or wrongful entry / invasion of right of private occupancy
- Oral or written publication that slanders or libels a person/organization
- Oral or written publication that violates a person's right of privacy
- Use of another's advertising idea in your advertisement
- Infringing on another's copyright, trade dress, or slogan in your advertisement
Memorize these seven — the exam often asks which torts fall under Coverage B versus which are excluded (patent and trademark infringement are excluded).
The Named Offenses Under Coverage B
Coverage B does not respond to negligence; it pays for a closed list of offenses. The exam expects you to recognize them: false arrest, detention, or imprisonment; malicious prosecution; wrongful eviction, wrongful entry, or invasion of the right of private occupancy; oral or written publication that slanders or libels a person/organization or disparages goods; oral or written publication that violates a person's right of privacy; the use of another's advertising idea; and infringing upon copyright, trade dress, or slogan in the insured's advertisement.
Coverage C: Medical Payments
Coverage C pays reasonable medical expenses for bodily injury to a third party regardless of fault, provided the injury occurs on the insured's premises or arises from the insured's operations and is reported within a stated time (often expenses incurred within one year). It functions as goodwill coverage — small, no-fault payments that can head off larger liability claims.
| Coverage | Fault required? | Limit basis |
|---|---|---|
| B — Personal & advertising injury | Offense from the named list | Per person/organization + aggregate |
| C — Medical payments | No fault | Per-person sublimit |
Worked Coverage B Scenario
A landlord improperly locks out a tenant and a magazine ad copies a rival's slogan. The wrongful eviction and the slogan infringement are both Coverage B offenses, payable under the personal-and-advertising-injury limit — but Coverage A would not respond because neither is bodily injury or property damage. The exam tests whether candidates route intangible offenses to Coverage B rather than mistakenly seeking them under Coverage A.
Which of the following is covered under CGL Coverage B (Personal and Advertising Injury)?
Coverage B Limits and Exclusions
Coverage B has its own Personal and Advertising Injury Limit (commonly $1,000,000), and payments also erode the General Aggregate. Major Coverage B exclusions include:
- Knowing violation of another's rights / material published with knowledge of its falsity
- Material published before the policy period
- Criminal acts committed by or at the direction of the insured
- Breach of contract (except misappropriation of an advertising idea under a contract)
- Quality/performance of goods (failure to conform to advertised statements)
- Infringement of patent or trademark and offenses by insureds in the media/advertising business
Coverage B vs. Coverage A — the dividing line
Exam writers love to test whether a loss is physical (Coverage A) or intangible (Coverage B). A customer breaking a leg in the aisle is BI under Coverage A. A press release that defames a competitor, an ad that copies a rival's slogan, or a landlord wrongfully evicting a tenant are offenses under Coverage B. Because the trigger is the date the offense is committed, an ad published in 2026 that causes harm is a 2026 Coverage B matter even if suit follows later. Both coverages share the General Aggregate, so heavy Coverage B losses can reduce what is left for Coverage A claims.
Coverage C: Medical Payments
Coverage C pays reasonable medical expenses for bodily injury caused by an accident on the insured's premises or arising out of the insured's operations — regardless of fault ("no-fault" goodwill coverage). Because no legal liability is required, Coverage C settles small injuries quickly and can head off larger Coverage A lawsuits. Expenses must be incurred and reported within one year of the accident date, and the limit is per person (commonly $5,000).
Coverage C Limits, Time Rules, and Who Is Excluded
Key Coverage C facts (frequently tested):
| Feature | Rule |
|---|---|
| Basis | Pays regardless of fault (no liability needed) |
| Limit | Per person (e.g., $5,000), within Each Occurrence |
| Time limit | Injury occurs during policy period; expenses incurred within 1 year |
| Aggregate | Erodes the General Aggregate |
Coverage C does not apply to the named insured, employees (covered by WC), tenants, or persons injured while taking part in athletics. If Coverage A applies to a claim, Medical Payments to that same person is excluded to avoid double payment.
Worked example — Coverage C vs. Coverage A
A customer trips on a loose mat in a retail store and incurs $3,800 in medical bills. The store wants goodwill and quick resolution.
- Under Coverage C, the insurer can pay the $3,800 (within the $5,000 per-person limit) without any finding of fault and without a lawsuit.
- If the customer later sues for negligence and pain/suffering, the claim shifts to Coverage A, where fault and legal liability are evaluated against the $1,000,000 Each Occurrence limit. Amounts already paid under Coverage C for that injury are not duplicated under Coverage A.
A store visitor is hurt by a falling display and incurs $4,200 in medical bills. The store admits no fault but wants to pay quickly as goodwill. Which CGL coverage best applies, and what is the key feature?