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.
The exception to the "breach of contract" exclusion allows coverage in situations where contractual obligations and advertising injury exposures potentially overlap. For example, there could be a dispute over a contractual right to use an advertising concept, or where the insured presumed such right existed by way of an implied contract. When a claim is made in such circumstances, the exclusion won't impair coverage.
A few umbrella forms contain an advertising exclusion that results in coverage being either broader or more restrictive than coverage under the ISO-CGL forms. For example, some umbrellas omit the portion of the exclusion that applies to insureds in the business of advertising, broadcasting, etc. Elimination of the wording makes the umbrella coverage broader than that under the ISO-CGL for these insureds. A few umbrellas eliminate the exception for misappropriation of advertising ideas under an implied contract. This later omission results in narrower coverage under the umbrella than under the ISO-CGL policy.