Does the insured's displaying of a body cast as a work of art qualify as written or oral publication of material as included in the definition of personal and advertising injury in the CGL form?

The claimant here alleges that the insured made a body cast of her torso claiming it was for personal use, but then displayed the work at a retail store. The claimant is alleging a breach of duty, invasion of privacy, and the intentional infliction of emotional distress. Would the CGL form apply to this claim under the personal and advertising injury liability coverage?

Alabama Subscriber

Displaying a body cast is not an oral or written publication based on the definitions of oral and written as seen in the ordinary dictionary; and, even using the reasonable man standard is not going to equate displaying a body cast with an oral or written publication. This is basically a visual presentation that is not described in the definition of personal and advertising injury in the CGL form.

The complaint alleges a breach of a duty, intentional infliction of emotional distress, and an invasion of privacy. In this instance, the breach of duty sounds more like a contractual issue and the general liability policy does not apply to breaches of contracts claims. There is coverage under the CGL form for an intentional act of the insured, but only within the definition of personal and advertising injury. The CGL form is specific as to what personal and advertising injury is and none of the definition's clauses fit the complaint allegations. Even invasion of privacy has to be with an oral or written publication of material and that is not what happened here. In sum, none of the allegations meet the definition of personal and advertising injury.

We are of the opinion that the CGL form is not applicable to this claim.

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