Newspaper Libel

ohio newspaper association

The Ohio News Media Association’s
MediaGuard(tm) by Chubb

Offered by Walterry Insurance Brokers the Chubb Group of
Insurance Companies

Today’s media companies need protection that goes beyond traditional libel insurance. Walterry Insurance Brokers has teamed with the Chubb Group of Insurance Companies (Chubb) to provide media liability insurance that gives newspaper publishers comprehensive coverage for risks arising out of the core function of news organizations: gathering information and communicating that information to the public.

Walterry Insurance Brokers has more than 30 years of experience insuring the media. Chubb is a leader in the professional liability arena and specializes in media insurance. Chubb receives consistently high ratings for financial strength from A.M. Best, Moody’s and Standard & Poor’s, the leading independent analysts for the insurance industry.

Some highlights of the policy include:

  • Coverage is provided on an “open perils” basis. Traditional media liability insurance covers a finite list of “named perils” such as libel and slander. What makes MediaGuard(tm) by Chubb unique is that it provides coverage on an “open perils” basis, providing coverage for a much broader array of potential claims against publishers.
  • Coverage extends to Internet-based publishing. More and more publishers are launching Web sites to complement their traditional print operations. With this additional vehicle for communications, no news organization’s media insurance is complete without this coverage.
  • Policy is written on an occurrence basis. MediaGuard(tm) by Chubb is written on an occurrence form, covering media activities occurring during the policy period, regardless of when the claim is made.
  • Policy provides the insured with absolute discretion over settlements. The insured has absolute discretion, with no limitation on available coverage, to reject a settlement offer in cases where the insured believes the principle at stake is too important to compromise.

Other coverage features include:

  • Provides coverage for punitive damages where insurable by law and where conduct giving rise to damages is not otherwise excluded (such as fraudulent conduct).
  • Worldwide coverage. Reflecting the global nature of communications, MediaGuard(tm) by Chubb covers acts occurring or claims asserted anywhere in the world.
  • Choice between Indemnity and Duty to Defend. The insured has the option to select counsel and retain control of the defense of a claim or to assign the duty to defend to the insurance company.
  • Provides coverage for bodily injury arising out of errors or omissions in the content of media.
  • Provides coverage for claims seeking injunctive relief.
  • Provides the insured with sole discretion over the publishing of retractions.
  • Provides the insured with the choice to include free-lancers and independent contractors as named insureds under the policy.
  • Protection for confidential sources and other information. MediaGuard(tm) by Chubb expressly preserves the insured’s right to maintain the confidentiality of unpublished newsgathering information, regardless of the resulting effect on litigation.
  • No exclusion for “internal” copyright disputes. Insuring those circumstances where, for example, an employee or freelance writer prepares material for the insured but claims he or she only granted the insured the right to publish his or her work in print, not to republish it electronically.

Chubb refers to the insurers of the Chubb Group of Insurance Companies. Not all insurers do business in all jurisdictions. This literature is descriptive only. The precise coverage afforded is subject to the terms and conditions of the policy as issued.

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