270.3

COMPARISON OF THE 2007 WITH THE 2004 ISO COMMERCIAL GENERAL LIABILITY COVERAGE FORMS

(February 2008)

INTRODUCTION

This is the second revision of the Insurance Services Office (ISO) CG 00 01—Commercial General Liability (CGL) Coverage Form since 2001. The changes made in the December 2007 edition compared to the December 2004 edition primarily involve clarification of intellectual property rights and a new exclusion concerning distribution of material in violation of two recently enacted consumer protection acts for both Bodily Injury Liability and Property Damage Liability and Personal and Advertising Injury Liability. The only other change involves limiting what is included in court costs taxed against the insured in a suit under Supplementary Payments.

COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 2007 EDITION

Exclusion q., Distribution Of Material In Violation Of Statutes, is a new exclusion in the 2007 edition not found in the 2004 edition. It excludes insurance coverage for bodily injury or property damage that arises directly or indirectly out of any act or omission that violates or allegedly violates:

• The Telephone Consumer Protection Act (TCPA), including its amendments or additions;
• The CAN-SPAM Act of 2003, including its amendments or additions; or
• Any other statute, ordinance or regulation that prohibits or limits the sending, transmission, distribution or communication of material or information.

Note: This exclusion was developed as a separate, mandatory endorsement for use with the previous edition and was known as CG 00 67—Exclusion—Violation Of Statutes That Govern E-Mails, Fax, Phone Calls, Or Other Methods Of Sending Materials Or Information.

COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY: 2007 EDITION

Exclusion i., Infringement Of Copyright, Patent, Trademark Or Trade Secret contains a limitation in the 2007 edition not found in the 2004 edition. This exclusion is limited to the extent that such other intellectual property rights do not include the use of another party's advertising idea in the named insured's advertisement.

COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY: 2007 EDITION

Exclusion p., Distribution Of Material In Violation Of Statutes, is a new exclusion in the 2007 edition not found in the 2004 edition. It excludes insurance coverage for personal and advertising injury that arises directly or indirectly out of any act or omission that violates or allegedly violates:

• The Telephone Consumer Protection Act (TCPA), including its amendments or additions;
• The CAN-SPAM Act of 2003, including its amendments or additions; or
• Any other statute, ordinance or regulation that prohibits or limits the sending, transmission, distribution or communication of material or information.

Note: This exclusion was developed as a separate, mandatory endorsement for use with the previous edition and was known as CG 00 67—Exclusion—Violation Of Statutes That Govern E-Mails, Fax, Phone Calls, Or Other Methods Of Sending Materials Or Information.

SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 2007 EDITION

Supplementary Payments, item 1.e. has a limitation in the 2007 edition not found in the 2004 edition. In both editions, the insurance company pays, with respect to claims investigated or settled or suits defended, all court costs taxed against the insured in the suit. However, the 2007 edition states that these payments do not include attorneys’ fees or attorneys’ expenses taxed against the insured.