MEDIA LIABILITY COVERAGE

It's better to evaluate your coverage in the boardroom than in the courtroom. Consider the following protection features.

Comprehensive coverage. By not limiting coverage to "named perils," as traditional Media Liability policies do, our policy provides comprehensive coverage for risks arising out of the core functions of news organizations: gathering and communicating information to the public.

* Subpoena protection. Coverage for the legal costs of challenging third-party subpoenas is included. According to the Reporters Committee for Freedom of the Press, as many as 3,500 subpoenas a year are served on media organizations, resulting in a significant burden and expense.
* No Fraud or Dishonesty Exclusion. We recognize that some purely legitimate news-gathering activities can involve an element of deception -- for example, the "consumer protection" reporter who poses as a customer to investigate possible fraud by a merchant.
* Multimedia coverage for media conglomerates that applies regardless of the form or medium of communications giving rise to a claim.
* No Settlement "Hammer" Clause gives the insured 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.
* No exclusion for "internal" copyright disputes, protecting the insured in cases where, for example, an employee or freelance writer prepares material for the insured but claims he or she only granted the publisher the right to publish his or her work in print, not to republish it electronically.
* Protection for confidential sources and other information. This policy expressly preserves the insured's right to maintain the confidentiality of unpublished news gathering information, regardless of the resulting effect on litigation.
* Choice between Indemnity and Duty to Defend. The insured has the option -- on a claim-by-claim basis -- to select counsel and retain control of the defense of a claim (or response to a subpoena) or to assign the duty to defend to the insurer.
* Punitive damages are covered, 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, this policy covers acts occurring or claims asserted anywhere in the world.
* Occurrence Form. Executive Risk's News Media Liability Policy is written on an occurrence form, covering all media activities occurring during the policy period, regardless of when the claim is first made.

EPLI

Consider the Following Facts:

From October 1, 1993 through September 30, 1994, the Equal Employment
Opportunity Commission and related state and local agencies received 156
discrimination complaints. As of May 1, 2003, the Equal Employment
Opportunity Commission had a backlog of over 100,000 complaints and the
average complaint took more than a year to handle.

In 2002 over 13,000 complaints of sexual harassment were filed with the
EEOC. Settlements for cases in 2003 exceeded 50 million. Defense costs were
several times this number.

A recent telephone poll found that almost 31% of all female workers claimed
to have been the object of sexual harassment at work. Seven percent of all
male workers also claimed to have been sexually harassed.

Through legislation like the Americans With Disabilities Act and the Family
Medical Leave Act, Congress has created new grounds for employers to be
sued.

E & O Coverage

E & O coverage offers you or your company and your employees' additional
protection against claims or lawsuits for mistakes or omissions which may
have caused financial losses for your client. The insurance can be written
to protect you from attorney fees as well as the amount of a settlement if
you are found at fault. Consider the following information about the
insurance coverage as it relates to your business:

* Errors & Omissions Insurance can cover W2 employees and 1099
subcontractors, worldwide.
* Many VC's and other investors require this coverage, including state
and federal requirements for licensing and potential jobs.
* This type of coverage is generally excluded by your Commercial General
Liability policy, and if there is additional coverage for this exposure it
may have limitations that you may not be aware of.

The cost of each home inspector errors and omissions insurance contract
varies with its specifics. Each contract should be written specifically for
you, and should contain the following information:

* Dollar amount for each liability
* Deductible amount for each liability
* Deductible amount for defense costs
* A section explaining what the policy is for: "This policy applies to
errors, omissions or negligent acts in the course of providing or failing to
provide professional services."
* A section listing the services you provide in as much detail as
possible
* The retroactive date for claims ( unless written by an occurrence
form)

Every company can and will make a mistake at some point. Be prepared.
Purchase Errors and Omissions coverage to insure your mistakes, your
employees' mistakes, and even mistakes made by the contractors you hire.

Earthquake

Are you prepared and properly insured for your Personal and Commercial interest for the next Earthquake? With the 7.2 which hit @ 3:40 PM (Pacific Coast Time) on 4/4/10 just think what it would have done in Los Angeles, CA.

Please contact TJM Insurance Services for your Insurance needs, we have several markets for Earthquake Coverage.

Listed below is the History and activity on the Laguna Salada Fault:
Geology

The quake probably occurred on the Laguna Salada Fault, which is about 60 kilometers (37 mi) to 80 km (50 mi) long and straddles the California–Baja California border.
The active Laguna Salada Fault ruptured in February 1892 with an estimated Mw7.2 earthquake (Hough & Elliott, Bulletin of the Seismological Society of America, August 2004, volume 94). Geological field work as of April 5, 2010, by Dr. Thomas Rockwell, professor of geology at San Diego State University, indicates about one meter of right-lateral surface faulting and 0.3 to 0.5 meters of vertical road offset on a fault that is located east of Laguna Salada Fault. Whether or not this is the Cerro Prieto Fault is unclear as of April 5. This is a developing field
situation, as geologists are working to locate and measure the lateral extent of the surface faulting. The best reference on the Laguna Salada Fault is: Muller, Karl J., and Rockwell, Thomas K., 1995, Late Quaternary Faulting on the Laguna Salada Fault, northern Baja California: Geological Society of America Bulletin, vol. 107, no. 1, p. 8-18. Precursors and foreshocks

Mexicali and Tijuana, situated in a very active seismic zone, are surrounded by important faults. An earthquake of such magnitude had been expected around the fault situated in the southeast of Mexicali.

Before the Mw 7.2 earthquake occurred, the surrounding area had been seismically active in 2009. Several foreshocks began from April 1, 2010,with magnitudes of 3 and 4. April 4 quake

The earthquake measured 7.2 on the moment magnitude scale that started 25 kilometers (16 mi) south of Guadalupe Victoria, Baja California, at a depth of 10 km (6.2 mi). It occurred at 22:40 UTC (1540 local time) on Easter Sunday, April 4, 2010, and it is said to have lasted about a minute. The strongest shaking was felt in Alberto Oviedo Mota, an ejido 50 km southeast of Mexicali, at Mercalli intensity scale VIII (Severe). In Mexicali, Calexico, and Guadalupe Victoria it rated VII (Very Strong), while in San Luis Río Colorado it measured VI (Strong).