Unexpected (and uncovered) media exposure is everywhere.
Hey brokers! Here’s a riddle: what do a church, avocado growers, and an HOA have in common? Read on to find out…
Guess what? You likely have a significant number of clients who have content-based exposure that is not covered by their traditional insurance policies. Good news! Media liability insurance is available to fill those gaps. If you’re a broker working with Miscellaneous E&O, GL, Cyber or D&O, focus up. This is particularly relevant for you.
Just because your client is not a news organization or film producer, does not mean they are free from claims for copyright infringement or defamation. It seems like every group is increasingly active on social media, advertises in multiple formats, supports websites, and many publish electronic newsletters or stream events via video. All of this is content exposure. And as we’ve discussed before (and it is worth repeating*), relying on Cyber or GL for these leaves big gaps in coverage.
**By way of a brief review, a Media Liability policy will provide superior “occurrence” coverage (as opposed to “claims made,” with other product lines); coverage for intentional conduct and punitive damages (excluded by other policies); and qualified attorney specialists representing your clients (as opposed to generalist “insurance defense firms”). These distinctions are extremely important.
Having the additional safety net of Media Liability coverage allows these groups to rest easily knowing that they won’t be scrambling to figure out how intellectual property or First Amendment litigation works and how to pay for it.
“Non-media” groups often find themselves on the wrong end of a cease-and-desist letter (or worse—a lawsuit…) with allegations arising from something they put on social media, their web sites, or in their ads. They can (allegedly) use music or photos without a license; get into a defamation or false light situation with competitors; get entangled in a trademark infringement matter, and so on.
An industry advisory group can be targeted with defamation or trade libel from the businesses they scrutinize. Non-profit advocacy and community organizations have a steady stream of content in their operations that can leave it with media exposure. A trade association can receive claims of copyright infringement arising from its social media content. Educational groups will also have all of these exposures, as well as needing support for their extensive “Fair Use” of copyrighted materials. Social media influencers are, in essence, very small advertising agencies, with similar risks and exposure compared to the old-school “Madison Avenue” establishments.
In our new landscape, to be a successful influencer, people are leaning in to marketing their “personality” as a “brand.” Many organizations have a figurehead serving as the “face” of their cause. These people are well-advised to get Personal Appearance coverage—a subset of Media Liability—covering the content of an individual’s promotion, speaking engagements, presentations, and public appearances.
Having the additional safety net of Media Liability coverage allows these groups to rest easily knowing that they won’t be scrambling to figure out how intellectual property or First Amendment litigation works and how to pay for it. (Spoiler alert: It can be mind-blowingly expensive. Especially if you don’t know what you’re doing.) The benefits of specialty Media Liability coverage are clear: experienced expert defense counsel; coverage where other policies leave gaps; occurrence-based over claims-made, among many others. Make sure you are setting your clients up for success.
Look at what your clients are publishing and creating, and whether there are plans to expand in the future. Perhaps a podcast or a blog? A series of TikTok videos or Instagram Reels promoting their cause? Are there key high-profile individuals involved, making personal appearances? Media Liability coverage is crucial.
As you are evaluating the coverage needs for each client, take a deeper dive into whether they would benefit from investing in Media Liability coverage. Odds are they probably will.
Remember the riddle posed earlier? A church, avocado growers, and an HOA all had claims—handled by yours truly—covered (and paid!) by their Media Liability policies. Lucky for them, they had expert advice from their brokers to get the extra layer of protection that a media liability policy provides. You can be that expert for your clients!