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ACE Advantage® Multimedia Liability

Media organizations face a broad range of potential legal exposures. As the legal landscape struggles to keep pace with evolving communications technology, the types of media claims on the horizon are difficult to predict. Designed for authors, broadcasters, publishers, advertising agencies and entities in all forms of media distribution and licensing, the ACE Advantage® Multimedia Liability Policy helps protect media companies in an environment where even the best companies face the unexpected.

Coverage:

  • Definition of scheduled media defined as the vehicle through which matter is published, broadcast, or transmitted by the insured, including but not limited to newspapers, books, magazines, television, motion picture, cable, satellite television, radio and the internet.
  • Defense coverage for alleged dishonest, fraudulent, criminal or malicious acts until final adjudication, adverse admission or finding of fact, along with damages and claims expense coverage for conduct protected by the First Amendment or similar State Constitution
  • Breach of contract exclusion with carve back where liability:
    • Is "assumed under contract";
    • Would attach in absence of contract;
    • Results from breach of confidentiality; or
    • Results from breach of express or implied contract regarding submission of matter
  • Territory covers multimedia acts made worldwide, for claims made in, and subject to, the law of the United States or Canada
  • Definition of claim includes a written demand or civil proceeding seeking monetary damages, services or injunctive relief; arbitration proceedings or a subpoena seeking disseminated content; or the name of a third party providing confidential information
  • Definition of damages includes punitive and exemplary damages and the multiple portion of any multiplied damage award, where legally permissible
  • Definition of insured includes subsidiaries and independent contractors performing services on behalf the named insured or any subsidiary
  • Definition of matter means multimedia content, regardless of form
  • Insured has ability to settle within retention
  • Settlement provision modified to pay 50 percent of insured’s defense costs in event of failure to consent to settlement
  • Automatic coverage for newly created or acquired subsidiaries subject to 10 percent revenue threshold of named insured and existing subsidiary entities

 

 

Limits

Maximum capacity is $20 million.

Client Profile

  • Authors
  • Broadcasters
  • Publishers
  • Advertising agencies
  • Internet-based variations of the above
  • Entities involved in all forms of media distribution and licensing—traditional and digital

Claims Examples

  • A book publisher used an unauthorized photo of a celebrity to advertise a book. The celebrity claimed misappropriation of her likeness because the advertisement implied that the celebrity endorsed the book.
  • An advertising agency is sued for copyright infringement regarding unauthorized use of music in a television commercial it created. The plaintiff rock band claimed some of the songs sounded similar to one of their songs and the plaintiff’s artistic integrity was compromised as they had not allowed for commercial use of their music.
  • A magazine article had improperly stated that a particular individual had been found guilty of fraud while the court rendering the opinion had not made such a finding. The story was incorrect and the magazine was sued for libel. Claim settled in excess of $500,000.
  • A newspaper was covering a case of child molestation. The newspaper printed a picture of the individual they claimed was the suspect, however, it was the wrong photo. The man shown as the suspect sued for false light and slander.

 

The claim scenarios described here are hypothetical and are offered solely to illustrate the types of situations that may result in claims. These scenarios are not based on actual claims and should not be compared to an actual claim. The precise coverage afforded by any insurer is subject to the terms and conditions of the policies as issued. Whether or to what extent a particular loss is covered depends on the facts and circumstances of the loss, the terms and conditions of the policy as issued and applicable law.

 

Forms / Applications

Document Name Size Date
Multimedia Application PF22792a.doc 397 KB 09/22/2014
Multimedia Policy Claims Made PF 25051.pdf 201 KB 09/22/2014
Multimedia Policy PF 227949.pdf 197 KB 09/22/2014
Multimedia Renewal Application PR 22807a.doc 138 KB 09/22/2014