The National Newspaper Association's
Offered by Walterry Insurance Brokers
Leadership. Protection. Endurance.
Delivering Security in a World of Risk
To endure and succeed in today's increasingly global business, publishers must continually keep pace with evolving technology, marketplace demands, competitors, and a changing legal landscape. Complicating the picture further is an expanding litany of media liability exposures - ranging from defamation, invasion of privacy, and emotional distress to copyright infringement, trademark infringement, misappropriation, and advertising errors and omissions - any of which can result in a calamitous lawsuit...from any number of sources. Consider the financial impact on your organization if:
- A person sued you for defamation, contending that a news article improperly linked him to terrorism.
- A company sued you for trademark infringement because the title of a book was confusingly similar to the name of its corporate magazine.
- A veteran's estate sued you for invasion of privacy because a magazine published photographs of the veteran's open casket.
- One of your news reporters was served with a subpoena for confidential source information in connection with a significant public scandal.
Even if no one in your organization did anything wrong, defense and settlement costs can escalate to hundreds of thousands (if not millions) of dollars.
The Worldwide Solution: Chubb's MediaGuard
Chubb has been insuring organizations with content exposures for approximately 40 years and we've seen them sued time and time again. We understand that in today's constantly shifting legal landscape, the precise nature of media liability lawsuits can be difficult to predict. Unfortunately, one thing that can be predicted is the financial and reputational havoc such lawsuits can cause. In response, we created MediaGuardSM - a broad, flexible errors and omissions (E&O) liability insurance policy that specifically addresses the nature of these risks.
- Our "occurrence form" covers activities that occur during the policy period (regardless of when claim is first made).
- "All risk" coverage goes beyond specified "named perils" to include risks arising out of core functions of publishing: gathering and creating information and communicating it to the public.
- Our policy covers subpoena defense costs for news media organizations, including legal fees and expenses to "quash or modify," or "oppose a motion to enforce," a covered subpoena.
- Built-in coverage for advertising content.
- Negligent publication coverage for any claim alleging harm to a person or entity that acted or failed to act in reliance
upon the information published.
- Our customer fully controls whether to settle or retract content and can choose between reimbursement of
defense costs or duty to defend.
- No "insured versus insured" exclusion with respect to internal copyright disputes.
- Broad breach-of-contract carve backs for, among other things, alleged failure to attribute authorship or credit under
any agreement to which the insured is a party and alleged misappropriation of ideas under implied contract.
- Punitive damages coverage, where insurable by law.
- Minimum of 90 days coverage for acquisitions and creations (organizations, covered media) with potential for
automatic coverage until the end of the policy period (depending upon actual or projected revenues).
- Internet Liability clause with automatic coverage for newly created Web sites after the policy incepts.
- Protection for confidential sources and broad application severability.
Leadership - Chubb offers publishers a full suite of complementary insurance solutions for a wide range of business risks, including directors and officers liability, employment practices liability, and property and casualty. What's more, we were the first insurer to offer "all risk" coverage to media organizations.
Protection - The true measure of an insurer is how well it actually protects its customers—that is, how it responds to and manages claims. We strive to treat each customer the way we would like to be treated if we experienced the same loss - with integrity, empathy, promptness, and fairness—and to reach mutually agreeable outcomes.
Endurance - Chubb's financial stability and ability to pay claims rate among the best in the insurance industry, as attested by Standard & Poor's and A.M. Best Company, the leading insurance rating services.
For promotional purposes, Chubb refers to the insurers of the Chubb Group of Insurance Companies underwriting coverage: Chubb Insurance Company of Europe, S.A.; Chubb Insurance Company of Australia, Limited; Chubb Indemnity Insurance Company; Chubb Insurance Company of Canada; Chubb Argentina de Seguros, S.A.; Chubb do Brasil Companhia de Seguros; Chubb de Chile Compania de Seguros Generales, A.S.; Chubb de Colombia Compania de Seguros, S.A.; Chubb de Mexico Compania Afianzadora, S.A. de C.V.; Chubb National Insurance Company; Federal Insurance Company; Great Northern Insurance Company; Northwestern Pacific Indemnity Company; Pacific Indemnity Company; Vigilant Insurance Company; Executive Risk Indemnity Inc.; Executive Risk Specialty Insurance Company; and Quadrant Indemnity Company. Not all insurers do business in all jurisdictions. This literature is descriptive only. Actual coverage is subject to the language of the policies as issued. Chubb, Box 1615, Warren, NJ 07061-1615. Form 14-01-0999 (Ed. 2/09)