Vibram's named their running shoe "Bikila" after Abebe Bikila a famous barefooted runner. Bikila's family sued Vibram for using the name without their permission. When Vibram's CGL carrier, Holyoke Mutual, refused to defend the case due to an exclusion, Vibram argued that the case was not subject to the personal injury exclusion because of an advertisement-related exception. The trial court didn't agree with Vibram's argument so Vibram turned to a higher court.

Click here to see how the court ruled.

Personal and advertising injury liability is Coverage B in the ISO CGL. In prior editions of the CGL personal injury was separate from advertising injury. When the two were combined, the combined definition and the combined exclusions resulted in some important exceptions. The logic behind the argument in this particular court case becomes clear when the definition and the copyright exception are read side by side.

Click here to read the PF&M analysis of the CGL Coverage B insuring agreement, exclusions and personal and advertising definition.

Manufacturing a shoe is complex. The shoe was developed to protect the foot but today it must meet many other expectations. For many, shoes are fashion statements. For other, they are essential tools that allow them to perform their jobs at maximum efficiency. A key though for any shoe manufacturer is advertising so that the right customer can find the shoe designed to match their expectation.

Are you interested in writing a shoe manufacturing account?

Click here to review two narratives from the Producer's Commercial Lines Risk Evaluation System that could help you get started.

A shoe manufacturer has many exposures that could result in significant losses. Attempting to address all in a single letter would be overwhelming. A better approach could be to concentrate on a simple but very important exposure. A letter or email to a prospect offering to discuss products liability could be a way to begin developing a new client. Other letters could then follow that address another high-level topic.

Click here for wording you could use in your product liability prospect letter or email.