Trends in liability insurance often are a direct result of what is happening within the tort system. The law is changing constantly in response to society's needs and its discernment of what is fair and just. For adjusters, this means that being informed about new trends is crucial to understanding and handling claims that might be unfamiliar.

In the last few years, surges have occurred in particular coverage areas in response to new laws. One of the biggest trends that has occurred is the rise in advertising injury claims, which is combined with personal injury in Coverage B of most Standard Commercial General Liability policies. Part of the increase can be attributed to the success of the Telephone Consumer Protection Act of 1991, which was created in response to consumer concerns about the growing number of unsolicited marketing calls and the use of automated and prerecorded messages. Now, the FCC has rules to aid consumers who wish to limit these uninvited calls.

An extension of unsolicited phone calls by advertisers is the mass faxing of advertisements to homes and businesses, which also falls subject to the TCPA. At this time, companies accused of violating the TCPA through blast faxing are facing lawsuits by fax recipients, many of which are class actions. In turn, the companies who advertised through blast faxing are looking toward their CGL carriers for defense and indemnity under Coverage B for advertising injury.

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