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Under a typical ISO-form personal umbrella with a personal-injury insuring agreement, which of the following offenses is COVERED?
An insured's libelous Facebook post published without any knowledge that the statement was false
BAn insured's intentional fraud committed against a lender to obtain financial gain or other pecuniary benefit
CAn insured's breach of a written employment contract resulting in alleged consequential economic loss to the employee
DAn insured's discrimination claim arising directly out of a business pursuit conducted for compensation
Why this is the answer
The ISO personal umbrella's Personal Injury insuring agreement covers the offenses of false arrest/detention/imprisonment, malicious prosecution, libel, slander, defamation, invasion of privacy, and wrongful eviction or wrongful entry. Coverage applies even though the offense is intentional in nature (one cannot accidentally publish a defamatory statement), so long as the insured did not act with KNOWLEDGE of falsity. Contract breach, intentional fraud, and business-related discrimination are excluded. See ISO DL 98 01 Personal Injury Insuring Agreement.
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