Can't insert div into p (escaping a paragraph)

I'm working on a plugin to insert some custom html wherever the cursor is positioned.  The problem is that the html that im trying to insert is a div and occasionally the cursor is placed within a p tag.  HTML specifications state that you cannot have a div within a paragraph, so ckeditor is removing my div tag.

My html to insert:

<div class="module module-placeholder" data-module-type="projectListing">This area will be replaced with project listing tabs when saved.</div>

Converts to:

This area will be replaced with project listing tabs when saved.

Of course if the cursor is within a div instead of a paragraph, it works fine.  Is there any good way to check to see if we're currently within a paragraph and escape it if so?