The advertising injury exclusion in most umbrella policy forms is found in the Coverage B (Personal and Advertising Injury Liability) section of the policy and is similar to the advertising injury exclusion in the ISO-CGL policy form. The exclusion typically precludes coverage for advertising injury arising out of the following offenses:
1. Knowing violation of another’s rights;
2. Oral or written publication of material prior to policy inception or with knowledge of its falsity;
3. Criminal acts;
4. Breach of contract, although an exception usually applies with respect to the misappropriation of advertising ideas under an implied contract;
5. The insured's goods, products or services failing to meet advertised quality or performance;
6. Errors in describing the insured's goods, products or services, including the price thereof; or
7. Infringement of another’s copyright, patent, trade secret or other intellectual property rights other than in the Insured’s advertisement;
8. Unauthorized use of another’s name or product; or
9. Exclusions that apply to Insureds in the business of media and internet activities, including electronic chatrooms, bulletin boards, etc.
10. Offenses committed by an insured that is in the business of advertising, broadcasting, publishing, etc.
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