AXIS Claims Examples_Book_Publishers

Types of exposures
book publishers
can face

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Types of exposures book publishers can face

Content

Claims examples may be based on actual cases, composites of actual cases or hypothetical claim scenarios and are provided for illustrative purposes only. Facts have been changed to protect the confidentiality of the parties. 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.

Libel

Misappropriation of Name/Likeness

False Light

Errors and Omissions

Why AXIS Media Liability Insurance

Libel

A book publisher publishes a book written by the child of a mob figure. That book contains the names of purported mobsters, as well as descriptions of various criminal activities undertaken by them. One of the individuals identified claims that the actions ascribed to him never occurred and sues for defamation.

A book publisher publishes a book on known criminals, including their photographs. One of the individuals identified in the book claims that his photo was used in error, and that the actual criminal has the same name as him. He claims to have been defamed by the erroneous use of his photo.

A book is published detailing the author’s investigation into a high-profile naval disaster. That book assigns much of the blame for that disaster to the officers on the vessel. The officers sue the publisher alleging defamation, filing in a venue with a significant naval base nearby.

A work of fiction is published, written by a well-known author. The claimant recognizes certain aspects of one of the characters in the book as being unique to her. As she knows the author, and some of her friends have commented about the similarities, she sues alleging that she has been defamed by the character in the book.

Misappropriation
of Name/Likeness

A book publisher publishes a book on poverty, including the photo of an individual on the cover. That individual claims that they never provided a release, and sues for misappropriation of likeness.

False Light

A faith-based book publisher publishes a book on women’s issues written by a member of the clergy. The author’s biography appears on the back cover. Below the biography appears a book category listing which states “gay/lesbian studies.” The author sues saying the book categorization casts her in a false light.

A yearbook publisher was sued by a woman who complained that her photograph was used next to an article concerning safe sex. The plaintiff sues for false light, arguing that the proximity of the photograph to the article implies that she is sexually active.

Copyright Infringement

A book publisher publishes an autobiographical work. Unbeknownst to the publisher, the author had worked with a ghost writer on earlier drafts, before firing the ghost writer. The ghost writer sues saying that copyrightable material appears in the book without license.

A book is published about the artwork incorporated in concert flyers from the 1960s and 70s. The owners of the copyright in those flyers sues alleging copyright infringement. The court ultimately rules against the plaintiff, citing fair use.

Errors and Omissions

A book publisher publishes a book regarding electrical wiring. No disclaimer appears in the book, and unfortunately, one of the wiring schematics is in error. A reader applies the schematic as written, resulting in a house fire. He sues the publisher under a negligence theory.

Why AXIS Media Liability Insurance

All-Risk coverage agreement including Defamation, Invasion of Privacy or Publicity, Copyright/Trademark Infringement, Plagiarism, and Errors and Omissions

Primary or Excess coverage with capacity up to $20M

No “hammer” clause
governing settlement

Occurrence policy form
(claims made policy available)

Defense in addition to limit or Defense within limit policies

Worldwide territory

Damages include punitive or exemplary damages where allowed by law, most favorable venue language, and AXIS will not challenge the insurability of punitive damages

_{*Ratings of insurance and reinsurance subsidiaries of AXIS Capital Holdings Limited. The information is intended for use by licensed insurance producers and is not an offer to sell, or a solicitation to buy, any insurance product for a particular insured. Policy terms, conditions or exclusions may vary. No insurance product is offered or will be sold in any jurisdiction in which such offer or solicitation would be unlawful. Coverages are underwritten in the U.S. admitted market by AXIS Insurance Company (NAIC # 37273), a Chicago, Illinois property and casualty insurer licensed in all 50 states and the District of Columbia. Some products may be offered by AXIS companies not licensed in certain jurisdictions and therefore may be available only through licensed surplus lines brokers. More information about AXIS’ financial strength and individual insurance company ratings is available at}_{https://www.axiscapital.com/who-we-are/financial-strength-ratings}_.