기타특종보험 : Personal Advertising Liability
기타특종보험 : Personal Advertising Liability 안내입니다.
What is an Advertising Injury?
An advertising injury is an injury to a third-party brought about by the business’ advertising its goods and services. This can occur by copyright or trademark infringement. It can also occur as a claim of libel, slander, or invasion of privacy. Typically, a competitor of your business complains that an act, advertisement, practice, or comment you or your staff has made has damaged their business. For example, in comparing products, your advertisement uses a photo of your competitor’s product and makes a false claim about the competitor’s product. The competitor sues your business for a variety of claims: defamation, trademark infringement, etc. Your commercial policy would provide a defense and indemnity for this kind of claim.
What Claims are Covered?
Your business is provided advertising injury coverage through your commercial general liability policy for claims such as:
- Libel
- Slander
- Invasion of Privacy
- Copyright Infringement
- Trademark or Trade Dress Claims
- Certain State Law Claims
- Certain Misappropriation Claims
- Unfair Competition Claims (older policies)
The typical commercial general liability defines advertising 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.
The coverage provides your business a defense and indemnification for damages as long as the claim relates to a business advertising reason and is not an intentional non-advertising claim. However, the definition of “advertising” has been interpreted differently from state to state. Some courts require the activity to be wide ranging communication to a broad audience while other courts define the simple act of business promotion to be advertising without regard to the size of the audience.
