The Insurance Services Office (ISO) has revised the commercial general liability coverage form (CGL) with an edition date of December 2007. The revisions are not extensive but this article is presented to keep the information on the CGL form current.

 CG 00 67

 This endorsement was introduced by ISO in 2005 and it was meant to exclude bodily injury, property damage, and personal and advertising injury arising out of any action or omission that violates or is alleged to violate the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act of 2003, or any other similar statute, ordinance, or regulation that prohibits or limits the sending, transmitting, communicating, or distribution of material or information. The December 2007 revision now incorporates this endorsement wording into the CGL form itself in the exclusion sections of both coverage A and coverage B. Under coverage A, exclusion q. applies to the distribution of material in violation of statutes and under coverage B, exclusion p. does the same.

 Endorsement CG 00 67 is being withdrawn from use due to this action.

 Infringement of Copyright, Patent, Trademark or Trade Secret Exclusion

 Coverage B has an exclusion (i.) pertaining to personal and advertising injury arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. The exclusion has been revised now by adding the following sentence to the exclusionary language: under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in the insured's advertisement. This sentence was added to the exclusion to clarify the fact that “the use of another's advertising idea in your advertisement” is still included in the definition of personal and advertising injury.

 Exclusion (i.) will not be used to deny personal and advertising injury coverage to an insured should a claim arise against him based on the use of another's idea in the named insured's advertisements.

 Supplementary Payments

 Paragraph e. of the supplementary payments section of the CGL form pertains to costs taxed against the insured. Previous CGL forms simply declared that supplementary payments included “all costs taxed against the insured in the suit”. This perhaps led to some confusion as to what costs were to be considered as supplementary payments, that is, payments that do not reduce the limits of insurance.

 The December 2007 edition of the CGL form now states that “all court costs taxed against the insured in the suit” are considered supplementary payments. Moreover, the revised form declares that “these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. So, for clarification purposes, all court costs taxed against the insured, and not all costs in general taxed against the insured are considered supplementary payments. And, these court costs do not include attorneys' fees or expenses since such fees and expenses made on behalf of the insured are already included as items the insurer promises to pay in the general “all expenses we incur” paragraph (a.) of the supplementary payments section of the CGL form.