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CASUALTY PROVISIONS · 5 MIN READ

Coverage B Offenses and Coverage C Med Pay

Coverage B, Personal and Advertising Injury, is an offense-based grant: instead of accidents, it covers seven enumerated offenses — false arrest, detention, or imprisonment; malicious prosecution; wrongful eviction, wrongful entry, or invasion of the right of private occupancy; libel, slander, or disparagement; oral or written publication that violates a person's right of privacy; use of another's advertising idea in your advertisement; and infringement of copyright, trade dress, or slogan in your advertisement. Anything not on the list — negligent infliction of emotional distress, for example — is simply not a Coverage B offense, though it may qualify as bodily injury under Coverage A where mental anguish is included. The privacy-publication offense maps closely onto the common-law privacy torts, and the advertising offenses apply only within the defined term advertisement. Coverage B carries its own exclusion set: knowing violations of another's rights, material published before the policy period (the prior-publication doctrine), breach of contract (with a carve-back for implied contracts to use another's advertising idea), broad intellectual-property infringement (with the copyright, trade-dress, and slogan carve-back inside an advertisement), and statutory-distribution violations aimed at TCPA and CAN-SPAM claims. The employment-related practices exclusion, added by endorsement, wipes out both Coverage A and Coverage B for claims arising from refusal to employ, termination, and employment-related conduct such as harassment, defamation, discipline, or humiliation directed at the person — pushing the whole exposure to EPLI. Coverage C, Medical Payments, pays reasonable medical expenses regardless of fault for bodily injury caused by an accident on the insured's premises, on ways next to them, or arising from operations. It is a goodwill coverage with modest limits — typically five to ten thousand dollars per person — designed to resolve small injuries before they become lawsuits. It excludes any insured, tenants, and persons hired to do work (employees), while volunteer workers are expressly carved back into eligibility. Businesses that prefer to avoid nuisance claims can delete Coverage C entirely with the medical payments exclusion endorsement for a small credit, leaving Coverage A intact for fault-based bodily injury claims.

Key rules

Coverage B covers exactly seven enumerated offenses — nothing else

False arrest, malicious prosecution, wrongful eviction/entry, defamation, privacy-violating publication, misappropriated advertising idea, and copyright/trade-dress/slogan infringement in your advertisement complete the list.

Why the exam cares: The exam plants a non-listed tort like negligent infliction of emotional distress among the choices and asks which is NOT an offense.

Prior publication and knowing violations are excluded from Coverage B

Material first published before the policy period stays excluded when republished, and offenses committed with knowledge they would violate another's rights are barred.

Why the exam cares: These exclusions preserve fortuity, and the first-publication timing question is a recurring test item.

The employment-related practices exclusion bars Coverage A and B for employment claims

Wrongful termination, harassment, defamation in a termination meeting, and emotional-distress claims arising from employment are all excluded, whatever coverage part they might otherwise touch.

Why the exam cares: Examiners bundle three employment counts into one suit to test that the exclusion sweeps them all to EPLI.

Coverage C pays no-fault medical expenses for accidents on premises or from operations

It is paid regardless of legal liability, with small per-person limits, and can be deleted entirely by endorsement for a premium credit.

Why the exam cares: Med-pay questions test the no-fault character and the accident-on-premises trigger.

Coverage C excludes insureds, tenants, and hired workers — but volunteers are eligible

Employees injured on shift fall to workers compensation, tenants and any insured are barred, while volunteer workers were carved back in with the 2001 edition.

Why the exam cares: Claimant-eligibility questions hinge on picking the excluded category from a lineup of visitors, customers, and employees.

Numbers to memorize

  • 7 — enumerated personal and advertising injury offenses in Coverage B
  • $5,000–$10,000 — typical Coverage C medical payments per-person limit range

Common traps

  • Treating any dignitary tort as a Coverage B offense — only the seven enumerated offenses qualify; unlisted torts must find coverage elsewhere or nowhere.
  • Overlooking the prior-publication exclusion — republishing material first published before the policy period does not create a fresh covered offense.
  • Assuming employment defamation stays covered under Coverage B — the employment-related practices exclusion bars employment-arising claims across Coverages A and B.
  • Paying Coverage C benefits to an injured employee — employees and any insured are excluded; workers compensation is the proper response.

Memorize the seven Coverage B offenses as a checklist and run every claimed offense against it — if the tort is not on the list, Coverage B is silent.

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