C-IV.B · Commercial Casualty Insurance
CGL definitions: occurrence, bodily injury, property damage, personal and advertising injury
Occurrence: an accident, including continuous or repeated exposure to substantially the same general harmful conditions. An occurrence does not have to be sudden or tied to one moment. Damage from a slow leak over several months can qualify.
Bodily injury: bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. Harm to reputation is not bodily injury; it belongs to personal and advertising injury.
Property damage has two parts: - Physical injury to tangible property, including the resulting loss of use of that property. - Loss of use of tangible property that is not physically injured. Example: a crane falls into a street, and a restaurant that is not touched cannot open for three days because the street is closed. Electronic data is not tangible property for this definition.
Personal and advertising injury is a closed list of offenses: - False arrest, detention or imprisonment. - Malicious prosecution. - Wrongful eviction or wrongful entry. - Oral or written publication that slanders or libels a person or organization, or disparages its goods, products or services. - Oral or written publication that violates a person's right of privacy. - Use of another's advertising idea in your advertisement. - Infringing another's copyright, trade dress or slogan in your advertisement. Patent infringement is not on the list, so Coverage B does not cover it.
Remember
· Occurrence includes repeated exposure; it need not be sudden.
· Property damage includes loss of use of property not physically injured.
· P&AI = 7 listed offenses; patent infringement is not one.
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