WHAT IS PERSONAL & ADVERTISING INJURY LIABILITY:

When an insured intends to cause damage or injury to property or another person, the insured directly controls the risk of loss. Insurance for such non-fortuitous damage or injury is against public policy because it eliminates the socially critical deterrent effect of financial responsibility. In addiduces the undesirable effect of shifting the burden of loss from the intentional wrongdoer to other, innocent insureds who are forced to pay higher premiums.

For many years now, most commercial general liability ("CGL") policies have provided coverage for "advertising injury" and "personal injury." The terms "advertising injury" and "personal injury" are usually defined in the CGL policy by reference to a list of offenses, including a number of so-called "intentional torts," such as slander and libel, invasion of privacy, infringement of copyright, and malicious prosecution. The CGL form published in 1985 by the Insurance Services Office ("ISO") contains the following "advertising injury" and "personal injury" definitions:

"Advertising Injury" means injury arising out of one or more of the following offenses:

a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services;

c. Misappropriation of advertising ideas or style of doing business; or

d. Infringement of copyright, title or slogan.

"Personal Injury" means injury ... arising out of one or more of the following offenses:

a. False arrest, detention or imprisonment;