Media Liability Insurance - Terms of Coverage

Coverage Overview

This Media Liability Insurance Policy provides coverage for legal liability arising from the Policyholder's professional media activities, including content creation, publishing, broadcasting, and other media-related operations. The following areas are covered under this policy:

  • Defamation (Libel and Slander)
    Coverage for claims alleging defamation through written, spoken, or broadcasted content.

  • Copyright Infringement
    Protection against claims alleging unauthorized use of copyrighted material, including text, images, music, videos, or other content created by third parties.

  • Invasion of Privacy
    Coverage for claims related to the wrongful public disclosure of private facts, misappropriation of likeness, or intrusion upon seclusion.

  • Misappropriation of Ideas
    Protection against claims alleging the theft or misuse of another party's ideas, concepts, or content for media purposes.

  • Plagiarism
    Coverage for claims involving allegations of copying another party’s work without proper attribution or permission.

  • Breach of Confidentiality
    Protection from claims alleging the unauthorized use or disclosure of confidential information.

  • Negligence in Media Production
    Coverage for claims that arise due to errors, omissions, or negligent acts in the production of media content.

Who is Covered

This Policy provides coverage for:

  • The Policyholder: The content creator or organization named in the policy documents.

Limits of Liability

The Policyholder’s maximum coverage limit is specified in the policy schedule. This limit applies to:

  • Per Claim Limit: The maximum amount payable for any single claim.

  • Aggregate Limit: The total amount payable for all claims during the policy period.

Any legal expenses (attorney fees, court costs, settlements, etc.) incurred to defend the Policyholder against covered claims will be applied to the coverage limits unless otherwise specified in the policy.

Deductibles

The Policyholder is responsible for paying a deductible, as outlined in the policy schedule, before the insurance provider’s coverage applies to a claim. The deductible applies to both legal defense costs and claim payouts.

Covered Media Activities

This Policy applies to media-related activities carried out by the Policyholder, including but not limited to:

  • Content creation for print, digital, broadcast, or online platforms (blogs, podcasts, videos, etc.)

  • Publishing books, articles, and reports

  • Social media content creation and influencer marketing

  • Distribution of media through broadcasting channels (television, radio, streaming services)

  • Advertising and promotional campaigns

Exclusions

The following exclusions apply to this Media Liability Insurance Policy:

  • Intentional or Criminal Acts: No coverage for claims arising from fraudulent, illegal, or deliberately harmful actions by the Policyholder.

  • Breach of Contract: No coverage for claims arising solely from a failure to fulfill contractual obligations, unless tied to covered media activities (such as a copyright breach).

  • Advertising Injury Exclusions: Certain advertising-related claims, such as misrepresentation of products, may be excluded unless specifically covered under the policy.

  • Personal Injury or Property Damage: This Policy does not cover bodily injury or physical property damage claims, which may be covered by general liability insurance.

  • Pre-Existing Claims: Claims that arise from incidents known or reported before the policy period are excluded.

  • Trademark Infringement: Claims relating to trademark disputes may not be covered unless expressly included in the policy.

Claims Process

In the event of a claim, the Policyholder must notify the insurance provider immediately and provide the following:

  • A detailed description of the incident or claim.

  • Copies of any legal documents, demands, or complaints received.

  • Relevant evidence supporting the claim (e.g., communications, contracts, published content).

The insurance provider will investigate the claim, provide legal defense (if applicable), and determine the appropriate settlement or resolution. All settlements must be approved by the insurance provider.

Defense and Legal Expenses

Tony Brands Creator Coverage has the right and duty to defend the Policyholder against claims covered under this policy. Legal defense costs, including attorney fees and court costs, will be paid by the insurer, subject to the coverage limits. If a settlement is required, the insurer will negotiate on behalf of the Policyholder.

If the Policyholder prefers to appoint their own legal counsel, the insurer must approve the attorney and the legal fees will be subject to reimbursement limits specified in the policy.

Policy Period

The Policy covers claims made during the policy period, which begins on the effective date and ends on the expiration date outlined in the policy documents. Claims for incidents occurring before or after the policy period are not covered unless an extended reporting period (also known as tail coverage) is purchased.

Territorial Coverage

This Policy applies to claims arising from media activities performed anywhere within the geographic limits specified in the policy schedule. Worldwide coverage may be available, subject to local laws and the terms of the policy.

Reporting Requirements

The Policyholder must report any potential or actual claim as soon as they become aware of it. Failure to promptly notify the insurer of a claim may result in a denial of coverage. Reports can be made via email, phone, or through the online claim submission portal.

Policy Cancellation

Tony Brands Creator Coverage or the Policyholder may cancel the Policy at any time by providing written notice. Tony Brands Creator Coverage may cancel the Policy for non-payment of premiums or material misrepresentation. Upon cancellation, any unearned premium will be refunded to the Policyholder on a pro-rata basis.

Dispute Resolution

Any disputes arising under this Policy will be resolved through arbitration or litigation, as specified in the policy documents. The Policyholder agrees to comply with the jurisdiction and laws of the governing state or country specified in the policy.