'Advertising Injury': Insurance Coverage for Intellectual Property Claims from 'Blast Faxes' to Copyright Infringement

Kansas Bar Association

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PUBLISHED ON: June 7, 2011

Insurance coverage for “advertising injury” was marketed and sold as part of the “broadest package of coverage available to the average insured.” Id. ISO, an organization established by the insurance industry to prepare standard policy forms, submitted the ISO Explanatory Memorandum to state insurance regulators in many states. The history of the “advertising injury” provision shows that coverage was intended for a wide variety of offenses. Yet, in recent years, coverage for “advertising injury” has become increasingly more limited as the provision is more narrowly construed and exclusions are more regularly contained in policies. Nevertheless, a policyholder should be well aware of the potential coverage available to it under the “advertising injury” provision of its liability policy.