Personal And Advertising Injury coverage is subject to a limit listed in the declarations. This limit may be $1,000,000 or more. When choosing the Personal And Advertising Injury limit, you should consider the amount for which you could be held liable if you commit any of these offenses:
False arrest, detention or imprisonment: Here the offense involves the unjustified forceful restraint (seizure) or keeping a person against their will (detention). Imprisonment usually implies the detention inside a prison. The offense is mainly based on the deprivation of a person’s right to liberty.
Malicious prosecution: This offense involves the instituting of legal proceedings, either criminal or civil, against another without probable cause or proper cause. Malice is required (ill will is the motivation) and the procedure must end favorably for the defendant.
Wrongful eviction from, unlawful entry into or invasion of the right of private occupancy premises that a person occupies: Wrongly expelling a person from their premises, wrongfully entering their premises, or otherwise invading or preventing the individual’s right to occupy their premises (including a room or dwelling) is the essence of this offense. Insurers, in general, adopt a position that these offenses are insured only if the eviction, entry, or invasion of the right of a private tenancy is committed by the owner, landlord, or lessor.
Oral or written publication, in any manner, in materials that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services:
- Slander is defamation by speech.
- libel is defamation in written or visual form.
- Disparagement is similar to defamation but involves a comparison that detracts or discredits the goods, products, or services of another because of false statements.
- Publication is a critical element to defamation or disparagement and only means that the false statements (either by speech, written or visual) have been made to third parties other than the person or organization whose reputation, goods, products, or services are allegedly harmed.
Oral or written publication, in any manner, of material that violates a person’s right to privacy: The following are four well-recognized categories as respects invasion of privacy:
- Misappropriation of a person’s likeness or name, usually for the commercial benefit of another.
- Intrusion upon a person’s right of seclusion or solitude, or intrusion into private affairs.
- Use of publicity to place another in a false light, if a reasonable person would find it objectionable (the depiction does not have to be defamatory).
- Public disclosure of private facts, even if the information is true and not abusive if the revelation is embarrassing or otherwise reasonably objectionable.
The use of another’s advertising idea in your “advertisement”: If another person or organization alleges your organization is using their advertising ideas in your advertisements.
Infringing upon another’s copyright, trade dress or slogan in your “advertisement.”: Similar to the above, if the named insured is alleged to have, in their advertising campaign, infringed on the copyright, trade dress, or slogan of another business.