Actress Katherine Heigl has sued Duane Reade for $6M after the company used an unauthorized photo of her in an advertisement.
“Advertising Injury” is a standard General Liability coverage that would provide defense and indemnification costs for this type of situation. However, not all policies contain this coverage.
As pharmacies move from standard business owners policies to stand alone liability forms, the general liability coverage is often scaled back. The general liability coverage for a pharmacy is drive by bodily injury and property damage to non-patients – which generally provides coverage for trips and falls in the store and parking lot. Pharmacies, especially closed specialty operations, should ensure that their general liability includes personal and advertising injury. In the new media world this types of claims are expected to continue with regular frequency.
Contact an expert pharmacy broker today to discuss your options.