Media liability glossary
The terms you will meet on media liability product pages, applications, and policies, each defined with a citation to the source of the definition.
Media liability insurance
A specialized form of errors and omissions insurance for the risks of creating and distributing media content, typically described as addressing liability arising from media activities, including the creation and distribution of media content resulting from a media wrongful act.
Source: IRMI: publishers liability; IRMI: broadcasters liability
Errors and omissions (E&O) insurance
Liability insurance for losses arising from negligent acts, errors, or omissions in professional services. Media liability is a specialized form of E&O shaped around the exposures of publishing and broadcasting.
Source: IRMI glossary
Media wrongful act
The coverage trigger described in media liability policies: liability arising from media activities, including the creation and distribution of media content resulting from a media wrongful act. IRMI's glossary defines a related cyber-coverage term, media wrongful act, as covering negligent acts, errors, or omissions resulting in copyright, trademark, or service mark infringement, misappropriation of intellectual property rights, disparagement, libel, plagiarism, reputational harm, and similar risks as detailed in the particular policy.
Defamation
A claim that published or broadcast statements harmed someone's reputation.
Source: IRMI: broadcasters liability
Libel and slander
In media liability usage, libel and slander appear as categories of defamation claims. How a particular policy defines and treats each category is set in the policy wording.
Source: IRMI: broadcasters liability
Copyright infringement
Claims alleging unauthorized use of copyrighted material in published content.
Trademark infringement
Claims alleging unauthorized use of another's trademark, trade name, slogan, or service mark.
Invasion of privacy
Claims alleging intrusion into private life or misuse of private information.
Source: IRMI: broadcasters liability
Misappropriation
Claims alleging wrongful use of another's ideas, content, or intellectual property.
Claims-made policy
IRMI defines a claims-made policy as coverage triggered when a claim is made against the insured during the policy period, regardless of when the wrongful act that gave rise to the claim took place. The one exception IRMI notes is when a retroactive date applies: the wrongful act must then have taken place on or after that date. Media liability products are written on a claims-made or occurrence basis.
Source: IRMI: claims-made policy
Occurrence form
A policy form under which coverage responds to events happening during the policy period, regardless of when a resulting claim is made.
Source: IRMI: claims-made policy
Retroactive date
In a claims-made policy, the date before which wrongful acts are not covered. IRMI notes that when a retroactive date applies to a claims-made policy, the wrongful act that gave rise to the claim must have taken place on or after the retroactive date. The date itself is set in the policy declarations.
Source: IRMI: claims-made policy
Duty to defend
IRMI defines duty to defend as an insurer's obligation to provide an insured with a defense to claims made under a liability insurance policy, generally broader than the duty to indemnify. The defense arrangement varies by product and is set in the policy wording.
Source: IRMI: duty to defend
Publishers liability
IRMI defines publishers liability as the liability of a book, periodical, or other type of publisher arising from acts such as plagiarism, libel, or copyright infringement, noting that coverage for these exposures is available in specialized policies known as media liability insurance.
Source: IRMI: publishers liability
Broadcasters liability
IRMI defines broadcasters liability as the legal liability to which radio and television broadcasters are subject, noting that defamation, invasion of privacy, and errors and omissions are among the types of claims alleged against broadcasters, with coverage available under media liability policies.
Source: IRMI: broadcasters liability
What this page relies on
- [1] IRMI: publishers liability: https://www.irmi.com/term/insurance-definitions/publishers-liability
- [2] IRMI: broadcasters liability: https://www.irmi.com/term/insurance-definitions/broadcasters-liability
- [3] IRMI glossary: https://www.irmi.com/glossary/?page=11
- [4] IRMI: media wrongful act (cyber coverage): https://www.irmi.com/term/insurance-definitions/media-wrongful-act-(cyber-coverage)
- [5] IRMI: claims-made policy: https://www.irmi.com/term/insurance-definitions/claims-made-policy
- [6] IRMI: duty to defend: https://www.irmi.com/term/insurance-definitions/duty-to-defend