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 This policy expressly preserves the insured's right to maintain the confidentiality of unpublished news gathering information, regardless of the resulting effect on litigation.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.