8.4 Bodily Injury, Property Damage, and Personal/Advertising Injury
Key Takeaways
Bodily injury (BI) means physical injury, sickness, or disease, including resulting death — the standard ISO definition excludes pure mental anguish unless tied to physical harm.
Property damage (PD) means physical injury to tangible property (plus loss of use) OR loss of use of undamaged tangible property — data is generally NOT tangible property.
Coverage A (BI/PD) and Coverage B (Personal & Advertising Injury) are SEPARATE CGL insuring agreements with separate, non-additive limits.
Personal & advertising injury covers named offenses — false arrest, malicious prosecution, libel, slander, wrongful eviction, copyright infringement in an ad — not negligence.
Split limits (e.g., 100/300/50) cap per-person BI / per-accident BI / per-accident PD; a combined single limit (CSL) is one pooled amount for all.
Bodily Injury (BI)
Under the ISO CGL, bodily injury means 'bodily injury, sickness, or disease sustained by a person, including death resulting from any of these at any time.' Key points:
- It requires a physical component. Pure mental anguish, humiliation, or emotional distress without a physical injury is generally not BI under the standard definition (some courts and endorsements expand it).
- Death is included as a consequence of the physical injury, not a separate trigger.
Trap: Slander that merely embarrasses someone is not bodily injury. It may be personal injury under Coverage B — a different insuring agreement.
Property Damage (PD)
Property damage means:
- Physical injury to tangible property, including the resulting loss of use of that property; or
- Loss of use of tangible property that is not physically injured.
Notes that drive exam questions:
- Tangible is the keyword. Electronic data is expressly not tangible property in the standard CGL — so corrupted data, by itself, is not PD (cyber policies fill this gap).
- Loss of use is covered even with no physical harm: blocking access to a store's parking lot causes covered loss of use though nothing is broken.
| Scenario | Property Damage? |
|---|---|
| Forklift cracks a customer's wall | Yes — physical injury to tangible property |
| Power outage idles a factory's machines (machines undamaged) | Yes — loss of use of tangible property |
| A virus deletes a client's database | No — data is not tangible property |
A contractor's negligence causes a multi-hour power failure that shuts down a neighboring bakery's ovens. The ovens are not physically harmed, but the bakery loses a day of production. Is this property damage under the standard CGL?
No — there is no physical injury to the ovens
Yes — it is loss of use of tangible property that is not physically injured
No — lost income is never covered by liability insurance
Yes — but only as bodily injury to the bakery's staff
Coverage A vs. Coverage B — Two Separate Agreements
The ISO CGL contains distinct insuring agreements with separate limits that do not add together:
- Coverage A — Bodily Injury & Property Damage Liability: the negligence-based core.
- Coverage B — Personal & Advertising Injury Liability: covers a list of named intentional-type offenses, NOT negligence.
Personal & Advertising Injury — Named Offenses
Coverage B responds only to these enumerated offenses:
- False arrest, detention, or imprisonment
- Malicious prosecution
- Wrongful eviction or wrongful entry / invasion of private occupancy
- Oral or written publication that slanders or libels a person or organization
- Publication that violates a person's right of privacy
- The use of another's advertising idea
- Infringing on another's copyright, trade dress, or slogan in your advertisement
Trap: Patent and trademark infringement are EXCLUDED from Coverage B — only copyright, trade dress, and slogan in an advertisement are covered.
Limits of Liability — Split vs. Combined Single Limit
Split limits show three numbers, e.g., 100/300/50 (in thousands):
- $100,000 — maximum BI per person
- $300,000 — maximum BI per accident (all people combined)
- $50,000 — maximum PD per accident
Worked example (100/300/50): A covered accident injures three people with claims of $120,000, $90,000, and $60,000, plus $70,000 in property damage.
- Person 1: capped at $100,000 (per-person limit)
- Person 2: $90,000 paid in full
- Person 3: $60,000 paid in full
- BI subtotal = $250,000, under the $300,000 per-accident cap — all BI paid
- PD: $70,000 claim capped at $50,000
- Total insurer payment = $100,000 + $90,000 + $60,000 + $50,000 = $300,000
A Combined Single Limit (CSL) — say $300,000 — is one pooled amount for BI and PD with no per-person sublimit, giving more flexibility on severe single-victim claims.
Per-Occurrence vs. Aggregate Limits on the CGL
Commercial liability uses a layered limit structure that the exam tests with a declarations-page reading. A typical ISO CGL shows:
| Limit | What It Caps |
|---|---|
| Each Occurrence | Most paid for any single BI/PD occurrence (Coverage A) |
| General Aggregate | Most paid for all Coverage A + B losses in the policy period (except products/completed ops) |
| Products–Completed Operations Aggregate | Separate annual cap for products and completed-work claims |
| Personal & Advertising Injury | Cap per person/organization under Coverage B |
| Damage to Premises Rented to You | Sublimit for fire/other damage to rented premises |
| Medical Payments | Small no-fault, per-person goodwill payment |
Trap: Once the general aggregate is exhausted by paid claims, the policy stops paying even if the per-occurrence limit is untouched. The products-completed-operations aggregate is a separate bucket that is not drained by ordinary premises claims.
Split Limits vs. Combined Single Limit — When Each Wins
The choice between split limits and a combined single limit (CSL) changes who is protected.
Severe single-victim claim: Limits of 100/300/50 versus a $300,000 CSL, with one victim claiming $280,000 in BI.
- Split limits: BI per person caps at $100,000 — the insured personally owes the remaining $180,000.
- CSL of $300,000: the full $280,000 is paid from the single pooled limit.
The CSL is more flexible for catastrophic single-claimant losses because there is no per-person sublimit. Split limits can be cheaper but expose the insured when one victim's injury is large.
Exam tip: When comparing the two, total the split limits is not the comparison — a CSL of $300,000 is broader than 100/300/50 even though both show '300,000' as a per-accident figure, because the CSL has no internal per-person or BI/PD walls.
An auto policy carries split limits of 100/300/50. In one accident, a single injured person is awarded $250,000 in bodily injury damages. How much does the BI coverage pay?
$250,000 — the full award, since total BI per accident is $300,000
$100,000 — the per-person bodily injury limit applies
$300,000 — the per-accident bodily injury limit applies
$50,000 — the property damage limit applies
Sections you finish are checked off in the contents.