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Internet Insurance Issues

Advertising Liability Changes
In the Commercial General Liability Forms



Internet Insurance
Multi Media Liability Insurance
Electronic Commerce
E-Commerce Insurance


The modern form of commercial general liability was never meant to cover internet or cyberspace operations and ventures. These activities were unknown at the creation of the general liability form and no adequate provision was made to adequately insure your exposures and/or to charge for the additional exposure created by the internet liability situation.

Recent discussions with my customers have prompted me to write this page about the evolution of the Commercial General Liability insurance policy with regard to internet or cyberspace related activities. There have been major changes in the advertising liability section of the policy to exclude coverage for internet insurance, multimedia liability, e-commerce and e-commerce insurance under the commercial general liability policy.

A few years ago, general liability underwriters were unwittingly being drawn into internet liability lawsuits due to the wording of the Personal and Advertising Liability clauses. Most claims were not actually covered but the expensive defense of the lawsuit was covered since it was not specifically excluded.


No More Free Attorneys' Fees !

Those days are over. The commercial general liability form will no longer cover you in any way for internet or cyberspace liability attorneys' fees or for any actual damages. Look at the evolution of the form:

1996 Commercial General Liability
(Excerpts)

This form provided defense for internet liability.

NO definition of "Advertisement"








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


  • 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.

  • Oral or written publication of material that violates a person's right of privacy.

  • Misappropriation of advertising ideas or style of doing business; or

  • Infringement of copyright, title or slogan.
    • 1998 Commercial General Liability
    (Excerpts)

    This form DOES NOT provide defense for internet liability

    "Advertisement" is strictly defined.

    "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters.

    "Personal and Advertising Injury" means injury, including consequential "bodily injury" arising out of one or more of the following offenses:

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

  • Oral or written publication of material that violates a person's right of privacy.

  • The use of another's advertising ideas in your "advertisement"; or

  • Infringing upon another's copyright, trade dress or slogan in your "advertisement."


    • Is Your Present Insurance Broker An Expert On Internet Insurance?

    Email us now if you need an agent with knowledge of internet insurance.


    If that doesn't prove the point, consider that the geographical policy territory of a policy issued in the United States defines the geographical limits as roughly the US, its territories and Canada. Anyone with an internet presence needs worldwide coverage due to the nature of the medium.


    And The Killer...

    All commercial general liability policies issued by knowledgeable companies in policy year 2000 have specific exclusions for internet operations or cyberspace liability.

    If you have internet operations or a website of any sort, you need specific internet insurance written on some form of multimedia liability policy form.


    Act Now !

    Ready to plug the gap in your insurance program and obtain correct internet multimedia liability insurance? Firms with a presence in California Email me now.

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    Take a look at the Outline of Needs and then contact me via email for personal attention.
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