Our insured is a physician who has coverage under a businessowners policy. A lawsuit has been filed against the insured because he hired a collection agency to collect a bill owed by a patient. The patient is suing based on violation of privacy. The professional liability carrier has declined coverage and we are wondering if the BOP would apply. What is your opinion?

Colorado Subscriber

The BOP does provide coverage for a liability claim based on personal and advertising injury as defined on the policy. Part of the definition of personal and advertising injury is oral or written publication of material that violates a person's right of privacy. So, the key point here is whether the insured's actions are publications that do violate another's right to privacy.