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Jury award for compensatory damages.
When a software solutions provider fails to live up to performance commitments made via a contract for a new software system, a local jury awards the plaintiff in excess of $2 million in compensatory damages.
Indemnity Paid: $2,400,000
Defense Cost Paid: $345,000
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History
of Media Liability Insurance |
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Media Liability Insurance
was originated in the United States in 1930 by the Employers'
Reinsurance Corporation. There was a perceived need,
especially with respect to newspapers at the time, for
protection for alleged libel and slander claims.
Currently, expanded media liability policies, geared
to the needs of growing numbers of firms with communication
exposures, are carefully underwritten by a substantial
group of insurers.
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Eligibility for Media Liability Insurance |
| The claim and courtroom
experience of those in the broad fields of advertising,
broadcasting and publishing emphatically demonstrated
the need by growing numbers of businesses and certain
individuals for Media Liability Insurance. Notable among
these are advertising agencies, advertisers, authors,
book publishers, cable television operators, magazine
publishers, multimedia organizations, newspaper publishers,
printers, radio stations, television stations, electronic
publishers and miscellaneous communications related
firms.
The Internet revolution has brought a new industry
in the form of consultants who do everything from the
design of a website to actually being the provider of
the Internet service gateway. For new media companies
and tech companies, there exist new liability exposures.
When designing a Website for a client, these new exposures
may include libel, slander, media liability, advertising
liability, and security issues. Security liability can
arise from misuse of Email to credit card fraud. Further
complicating the issue is the fact that both the web
developer consultant and the client face exposures from
outsiders accessing the Website. This is in addition
to the traditional liability facing the consultant for
duties owed the client. |
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Copyright Infringement definition |
| Copyright Infringement
definition is Where a party uses the work of another
without its express written permission, authorization
or consent, that party may violate Section 501 of the
United States Copyright, Title 17 of the United States
Code. Act by infringing on the rights afforded to ADM
under Sections 106(1), 106(2) and 106(3) of the Statute.
Copyright Infringement can for example be Unlicensed
or unauthorized copying of copyrighted materials or
proprietary software.
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Media Liability Insurance |
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What is Media Liability Insurance? |
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| Media Liability Insurance protects you
against claims arising out of the gathering and communication
of information. Media Liability Insurance provides very valuable
coverage against defamation and invasion of privacy claims
as well as copyright and/or Trademark infringement.
Media Liability Insurance can be categorized as Errors and
omissions in the written or spoken word resulting in claims
alleging financial loss as a consequence. Media Liability
Insurance can also be called Communications Liability Insurance
and can be synonymous with Multi Media Liability insurance
Coverage can include:
- Defamation: which arises from false information
that is communicated to others and damages a person's reputation
or business. Allegations made in lawsuits include libel,
meaning defamation in print or by broadcast; slander, defamation
by way of oral communication; and trade libel, which means
print or broadcast defamation of a business or a product.
- Product defamation: the demeaning of
performance or value of a product.
- Personal disparagement: which involves
damage to community or business activities as a result of
a publication or broadcast.
- Invasion or infringement: of
or interference with the right of privacy or publicity including
intrusion, public disclosure of private facts, unwarranted
or wrongful publicity, false light, or the use of name or
likeness for profit. Invasion of privacy laws vary widely
from state to state, and the law often is unclear within
a given state.
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When do I need Media Liability Insurance? |
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Any company that distributes information
to the public via a web site or other means of communication
(desktop publishing, email) now faces the exposures of a traditional
publisher.
- Publishers and broadcasters of instructional material
- Trademark infringement, personal injury liability or unfair
competition claims
- Electronic transmission
- Researching, exhibition, serialization and material distribution
services
- Electronic publishing services and any other entity engaged
in preparing materials for publication and republication
- Television and radio stations, motion picture companies,
cable and satellite broadcasters
- Advertising Industries
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Why do I need Media Liability Insurance? |
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Although new media and other publishers
worry about claims like libel and copyright infringement,
attorneys and insurers have seen a dramatic rise in the last
few years in the number and severity of claims for Media Liability
errors and omissions. Unlike traditional claims involving
allegations of libel, copyright infringement, invasion of
privacy, piracy and plagiarism, Media Liability errors and
omissions claims seek to impose liability on the publisher
for physical injuries or economic loss allegedly caused by
some error or negligent publication in the ideas or expressions
contained in the published material.
Often, a claim or lawsuit may not involve a clear error or
omission. For example, a client is not happy with the result
and brings a claim to obtain a different result or avoid paying
a fee. Media Liability Insurance typically pays for the cost
of defending this type of claim.
To help protect your company, InsureCast offers Media Liability
Insurance coverage. Please go to our online CoverageCoach
questionnaire to get a free no obligation Media Liability
Insurance quote.
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