Product Update

Media Liability Exposures and Coverage Updated in Professional Liability Insurance

This Professional Liability Insurance release also includes a comprehensive update of the exposures and insurance coverage sections pertaining to media professionals.

In addition to the First Amendment to the U.S. Constitution, media professionals have a handful of unique defenses available in the event of a claim against them. This release provides an updated discussion regarding some of these defenses, including media-related statutes of limitations, anti–Strategic Lawsuits Against Public Participation laws, fair use, and public domain. Additionally, a number of types of media liability claims are examined, including defamation, invasion of privacy, newsgathering torts, intellectual property claims, and errors and omissions.

This release also provides updated claim statistics from the Media Law Resource Center's 2018 "Report on Trials and Damages," which analyzes data from 650 trial verdicts spanning from 1980 through 2017. Among other findings, the report noted that, although the number of media trials is decreasing, the percentage of million dollar awards is increasing, with compensatory damages on the rise. Those interested in the full report can purchase it here.

Along with a review of critical underwriting factors and loss control techniques relevant to media professionals, this release provides updated analysis of the most current policy wording in the media professional liability insurance marketplace. The types of covered content, acts, and individuals are discussed, as are the types of damages that are both covered and excluded. This release also discusses a number of exclusions that are particularly relevant to media professionals, including but not limited to claims brought by or on behalf of content licensing organizations or governmental entities, violation of electronic communications laws, and over-redemption of coupons or awards.

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