Types of risks newspapers and magazines can face
Claims examples
We insure free speech worldwide™
Libel
Public Disclosure of Private Facts
Misappropriation of Name/Likeness
False Light
Trademark Infringement
Errors and Omissions
Copyright Infringement
News Gathering
Why AXIS Media Liability Insurance
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.
A newspaper runs a story about a member of the local city council, and various allegations of impropriety that have been made against him. It prints a picture along with the story, of an individual behind his nameplate taken during a city council meeting. Unfortunately, the individual appearing in the photograph is not the counsel member who is the subject of the story, and the person who appears in the photograph sues for defamation.
A newspaper reports on the arrest of a minor, including the minor’s name. The minor’s parents sue for defamation and violation of a local state statute governing the disclosure of identifying information about minor criminal defendants.
A local newspaper reports on the arrest of a local resident. While the individual was in fact arrested, the court clerk erred in stating the charge, listing one that is more serious. While the newspaper relied on the clerk’s report, the individual sues the newspaper for defamation.
An American publisher published a story in which it reported a major film maker had propositioned a woman around the time of his wife’s death. The film maker sued in the United Kingdom. The court ultimately found for the film maker, awarding damages and his attorney’s fees.
A publisher wrote a comprehensive story detailing the actions of various Russians, including the laundering of money. One of the Russians sued in the United States alleging defamation. While the publisher was ultimately vindicated, the defense fees were substantial.
A magazine publishes a story about a well-capitalized political figure, and actions he allegedly took which they labeled as homophobic. The reporter who wrote the story also publicized it via social media repeating and expanding on the allegations. The plaintiff filed suit for defamation. The defendant ultimately prevailed on summary judgment following the close of discovery.
A magazine publisher publishes a story in which a source states that the claimant was having an affair. It turned out that the claimant had told the source in confidence. The claimant sued alleging public disclosure of private facts.
A magazine publishes an advertisement which includes the likenesses of various individuals. Those individuals had not provided a release to the publisher, and the original release they gave the photographer limited the use of the photo. The subjects sued the magazine, the advertiser and the photographer for misappropriation of likeness.
A magazine publishes a story about drug use which was accompanied by a photograph of a model. Besides suing for defamation, the model alleges that the magazine misappropriated her likeness for commercial purposes.
A magazine was sued by a model on the basis that the use of her picture on the cover was unflattering to her and portrayed her in a false light. The magazine had, through its normal channels, requested a photograph of the woman, and a number of photographs were taken during a photo shoot. The photo that was actually used was out of character with the other photographs and had been taken of the woman with the representation that it would be taken “just for fun”.
The plaintiff sued a magazine publisher concerning a story about another man’s conviction for selling crack cocaine. The story indicated that the plaintiff had been arrested as well, and that the plaintiff was a member of the gang that was the subject of the article. While plaintiff was, in fact, arrested, plaintiff was not a member of the gang. The plaintiff sued for false light and the case was eventually settled.
A new magazine adopts a masthead title without running a title report. The claimant has registered the same name in the same class, and first published with that title only a few years before. The claimant sues for trademark infringement.
A magazine publishes a review of a new theatrical production which is not favorable. A photograph of the claimant actor is erroneously included in the story, even though he was not in the production. The actor sues for negligence and defamation.
Space is purchased in a local newspaper for an advertisement about a sale event. The advertisement is supposed to run for the duration of the sale, but the newspaper errors and ends the advertisement run early. The advertiser sues for negligence and breach of contract.
A magazine licensed past articles written by freelancers to a database for republication. The freelancers eventually sued as part of a class, alleging that the publishing agreements did not contemplate digital reproduction. That litigation settled after the parties incurred significant cost.
A magazine publishes an article that quotes the lyrics of a song in its entirety. The claimant, the owner of the song, sues alleging copyright infringement.
A newspaper story reports on a local high school sports awards banquet. In doing so, the story repeats verbatim a speech delivered by one of the coaches at the school. As part of that speech, the coach paraphrases a copyrighted poem. The copyright owner of that poem sues the school and the newspaper for copyright infringement.
The insured’s reporter goes on private property to secure a photograph of a celebrity. While there, he is discovered, and the celebrity calls the police. The celebrity sues the magazine on a respondeat superior theory for trespassing.
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” clausegoverning 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.
